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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE XIX. AGRICULTURE AND CONSERVATION
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Chapter 128: Section 1. Definitions Section 1. The following words as used in this chapter shall have the following meanings unless the context otherwise requires: “Commissioner”, the commissioner of agricultural resources. “Department”, the department of agricultural resources. “Director”, in sections 16 to 31A, inclusive, the director of the division of regulatory services in the department of agricultural resources. “Inspector”, in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. “Nursery stock”, trees, shrubs, woody plants and strawberry plants, whether wild or cultivated, and parts thereof for propagation. “Riding school operator”, any person owning or having the custody of one or more horses which are let for hire to be ridden or driven, with or without the furnishing of riding or driving instructions. “Trustees”, the trustees for county cooperative extension service.
Chapter 128: Section 10. Maintenance of flock of sheep on demonstration farm Section 10. Each person conducting a demonstration sheep farm shall maintain under the supervision of and in accordance with such rules and regulations as may be prescribed by the commissioner, a flock of not less than twenty sheep and under his direction may from time to time purchase and sell such sheep as may be considered essential to the proper development of the industry in the locality of such farm, the sheep so purchased or sold to be passed upon by the division of animal health as to their condition and freedom from disease.
Chapter 128: Section 100. Penalty Section 100. Whoever sells, offers or exposes for sale any lot of agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds without complying with the requirements of sections eighty-four to ninety-nine, inclusive, applicable thereto or in violation of any order, under section ninety-five of the commissioner or of the superior court if an appeal is taken, or whoever falsely marks or labels any such seed or mixture, or impedes, obstructs or hinders the commissioner or any of his duly authorized agents, or the director or any of his duly authorized assistants, in the discharge of the authority or duties conferred or imposed by any provision of said sections, shall be punished by a fine of not more than five hundred dollars.
Chapter 128: Section 101. Sale of seed potatoes restricted; waiver; penalty Section 101. No person shall sell, offer to sell or expose for sale seed potatoes that do not conform to the standards and allowable tolerances set forth in the rules and regulations established by the division of markets in the department. The director of the division of markets may when disease free stock is not available waive the provisions of this section for such periods of time as he may deem necessary. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.
Chapter 128: Section 102. Purpose and policy Section 102. It is hereby declared that the marketing of fresh and processed apples in this commonwealth in excess of reasonable and normal market demands therefor, disorderly marketing of such apples, improper preparation for market and lack of uniform grading and classification of such apples, unfair methods of competition in the marketing of such apples and the inability of individual producers to develop new and larger markets for them, result in an unreasonable and unnecessary economic waste of the agricultural wealth of this commonwealth. Such conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of the commonwealth and other states. These conditions vitally concern the health, safety and general welfare of the people of this commonwealth.
It is therefore declared the legislative purpose and the policy of this commonwealth:(a) to enable apple producers of this commonwealth, with the aid of the commonwealth, more effectively to correlate the marketing of their apples with market demands therefor;(b) to establish orderly, efficient and equitable marketing of apples;(c) to provide for uniform grading and proper preparation of apples for market;(d) to provide methods and means for the development of new and larger markets for fresh and processed apples produced in this commonwealth;(e) to eliminate or reduce the economic waste in the marketing of fresh and processed apples.
Chapter 128: Section 103. Definitions Section 103. The following words as used in sections one hundred and two through one hundred and fifteen of this chapter shall have the following meanings unless the context otherwise requires:“Apples” means all apples produced within the commonwealth for the purpose of sale.
“Apple Promotion Advisory Board” means the advisory board established pursuant to section one hundred and fourteen of this chapter.
“Distributor” means any person engaged within the commonwealth, in selling, offering for sale, exchange, marketing or distributing fresh or processed apples which he has purchased or acquired from a producer or other person or which he is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except such retailer who purchases or acquires from or handles on behalf of any producer or other person, fresh or processed apples subject to regulation by the marketing agreement or order covering such apples.
“Grower” means any producer as defined in this section.
“Handler” means any person engaged in the operation of packing, grading, selling, offering for sale, exchange or marketing any fresh or processed apples, who as owner, agent or otherwise ships or causes such apples to be shipped.
“Marketing agreement” means an agreement entered into, with the approval of the commissioner, by producers with distributors, processors and handlers regulating the preparation, sale and handling of fresh and processed apples.
“Marketing order” means an order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen, prescribing rules and regulations governing the marketing for processing, the distributing, the sale or exchange of, or the handling in any manner of any fresh and processed apples sold in the commonwealth during any specified period or periods.
“Marketing season” means the period beginning July first of any year and extending through June thirtieth of the following year.
“Person” means any individual, firm, corporation, partnership, company or unincorporated association.
“Producer” means any person engaged within the commonwealth in the business of growing apples, or causing apples to be grown for any market.
“Processor” means any person, firm, corporation, partnership, company, or unincorporated association which performs any of the functions or acts of processing as defined herein.
“Processing” and “process” are synonymous terms and mean all operations involved in receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing, peeling, slicing, concentrating, or in any other way preserving or changing the form of apples, as herein defined for marketing in any form other than for fresh consumption.
Chapter 128: Section 104. Marketing agreements; approval Section 104. Pursuant to section two of this chapter, and in order to promote and develop the agricultural resources of the commonwealth and encourage the marketing of fresh and processed apples, and to effectuate the declared policy of this chapter, the commissioner may, after due notice and opportunity for hearing, approve marketing agreements, which marketing agreements shall thereupon be binding upon the signatories thereto exclusively.
Chapter 128: Section 105. Marketing orders; issuance; notice and hearing; amendment or termination of orders Section 105. The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to(1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or(2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum.
The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.
Chapter 128: Section 106. Budgets for marketing orders or agreements; cooperation with other states and federal government Section 106. With respect to any marketing order or marketing agreement implemented under the provisions of sections one hundred and two through one hundred and fifteen of this chapter, the commissioner shall prepare a budget of the administration and operating costs and expenses, including advertising and sales promotion, of such order or agreement, which shall be funded solely by assessments authorized under section one hundred and seven of this chapter. In implementing any such marketing order or agreement, the commissioner shall confer and cooperate with the legally constituted authorities of other states and the federal government involved in the promotion and marketing of apples and apple products.
Chapter 128: Section 107. Collection of assessments Section 107. As part of any marketing order or agreement implemented under the provisions of section one hundred and two through one hundred and fifteen of this chapter, the commissioner shall establish and provide for the collection of assessments to be collected once with respect to each apple sold from each person engaged in the production, processing, distribution or handling of any marketable apples produced in the commonwealth and subject to any such order or agreement. Said assessments shall be established in an amount sufficient to fund the necessary costs and expenses involved in the implementation of such order or agreement, but shall in no event exceed five per cent of the gross dollar volume of apple sales or amount of apples handled by the person subject to the assessment. Funds so collected by the commissioner shall be held in trust in accordance with the provisions of section one hundred and thirteen of this chapter and shall be expended in accordance with the budget adopted by the commissioner under section one hundred and six of this chapter.
Chapter 128: Section 108. Marketing agreements or orders; provisions Section 108. Any marketing agreement or order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen shall be limited to the following:(a) provisions for the establishment of uniform grading, standards, and inspection of any apples delivered by producers or other persons to handlers, processors, distributors or others engaging in the handling thereof, and for the establishment of grading or standards of quality, condition, size, maturity or pack for any apples, and the inspection and grading of such apples, in accordance with such grading or standards so established; and for provisions that no producer, handler processor or distributor of any fresher processed apples for which grading or standards are so established may, except as otherwise provided in such marketing agreement or order; sell, offer for sale, process, distribute or otherwise handle any such apples, whether produced within or without this commonwealth, not meeting and complying with such established grading or standards. For the purposes of this article, the federal and state inspection service shall perform all inspections made necessary by such provisions.
(b) provisions for the establishment of research programs designed to benefit apple production, storage, processing, or marketing and sales.
(c) provisions for advertising and sales promotion designed to benefit apple production, processing or marketing and sales.
(d) such other provisions as may be necessary to effectuate the provisions stated in paragraphs (a) through (c) of this section.
Chapter 128: Section 109. Temporary suspension of marketing orders or agreements; notice and hearing Section 109. The commissioner may temporarily suspend the operation of an effective marketing order or agreement for a continuing period of not longer than one growing and marketing season, found by the commissioner after due notice and an opportunity for a hearing to be unnecessary during such season to fulfill the policy and purposes of said sections one hundred and two through one hundred and fifteen.
Chapter 128: Section 11. Compensation from commonwealth Section 11. The owner of every such farm shall receive a reasonable compensation from the commonwealth for the use of the farm as such demonstration sheep farm, for the labor and expense involved in carrying out this and the two preceding sections, and for any loss involved in the purchase or sale of sheep made in accordance with the preceding section.
Chapter 128: Section 110. Economic factors Section 110. In carrying out the purposes of said sections one hundred and two through one hundred and fifteen, the commissioner may take into consideration any and all facts available to him with respect to the following economic factors:(a) the quantity of such fresh and processed apples available for distribution;(b) the quantity of such fresh and processed apples normally required by consumers;(c) the cost of producing such fresh and processed apples;(d) the purchasing power of consumers;(e) the level of prices of commodities, services and articles which the farmers commonly buy;(f) the level of prices of other commodities which compete with or are utilized as substitutes for such fresh and processed apples.
Chapter 128: Section 111. Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings Section 111. The execution of one or more marketing agreements pursuant to section one hundred and four of this chapter shall in no manner affect the issuance, administration or enforcement of any marketing order provided for in said sections one hundred and two through one hundred and fifteen. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same fresh or processed apples. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order after giving due notice and opportunity for hearing.
Chapter 128: Section 112. Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement Section 112. Prior to the issuance, amendment or termination of any marketing order pursuant to section one hundred and five of this chapter, the commissioner may require the applicants for such issuance, amendment or termination to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective, amending or terminating a marketing order. Such funds shall be received, deposited and disbursed by the commissioner in the same manner as assessments received by him under section one hundred and thirteen of this chapter. In the event the application for adoption, amendment or termination of a marketing order is approved in a referendum, the commissioner shall reimburse any such applicant on a pro rata basis, up to the amount of any such deposit, to the extent that any unexpended monies collected under such marketing order remain in the trust fund established under section one hundred and thirteen of this chapter with respect to such order.
Chapter 128: Section 113. Assessments held in trust; disbursements; refunds; reports Section 113. Any assessments collected by the commissioner pursuant to section one hundred and seven of this chapter shall not be deemed state funds, but shall be deemed to be held pursuant to section four of this chapter by the commissioner, as trustee, in trust for and on behalf of all persons from and on behalf of whom assessments therefor were collected, allocated to each marketing order or agreement under which they are collected, and shall be disbursed by the commissioner only for the necessary expenses incurred by the commissioner with respect to each such separate marketing order or agreement, in accordance with the rules and regulations of the commissioner.
Any moneys remaining in such fund allocable to any assessments for fresh or processed apples affected by a marketing order or agreement may, in the discretion of the commissioner, be refunded at the close of any marketing season on a pro rata basis to all persons from whom assessments therefor were collected or, whenever the commissioner finds that such moneys may be necessary to defray the cost of operating such marketing order or agreement in a succeeding marketing season, he may carry over all or any portion of such moneys into the next such succeeding season.
Upon the termination by the commissioner of any marketing order or agreement, all moneys remaining and not required by the commissioner to defray the expenses of operating such marketing order or agreement shall be refunded by the commissioner upon a pro rata basis to all persons from whom assessments therefor were collected; provided, however, that if the commissioner finds that the amounts so refundable are so small as to make impracticable the computation and refunding of such refunds, the commissioner may use such moneys to defray the expenses incurred by him in the formulation, issuance, administration or enforcement of any subsequent marketing order or agreement for fresh or processed apples.
The commissioner shall file an annual report with the clerks of the senate and the house of representatives detailing the activities undertaken, assessments collected and expenditures made in the preceding year with respect to any marketing order or agreement implemented under said sections one hundred and two through one hundred and fifteen. All assessments collected and expenditures made with respect to any such marketing order or agreement shall be subject to a biennial audit by the auditor of the commonwealth.
Chapter 128: Section 114. Advisory board established with marketing order; membership; expenses; duties Section 114. Any marketing order issued pursuant to said sections one hundred and two through one hundred and fifteen shall provide for the establishment of an advisory board, to consist of not less than five members nor more than nine members, to advise the commissioner in the administration of such marketing order in accordance with its terms and provisions. The members of said board shall be appointed by the commissioner from nominations received from the Massachusetts apple industry, including, without limitation, producers, handlers and processors. Nominating procedures, qualifications, and representation on and size of the advisory board shall be prescribed in each marketing order for which such board is appointed. Each advisory board shall be composed of such producers and handlers or processors as are directly affected by the marketing order in such proportion of representation as the order shall prescribe. The commissioner may appoint one person who is neither a producer nor processor nor other handler to represent the department of food and agriculture or the public generally.
No member of an advisory board shall receive a salary, but each shall be entitled to reasonable expenses incurred while engaged in performing his duties herein authorized, which shall be paid from the trust fund established with respect to the marketing order under section one hundred and thirteen of this chapter. The duties and responsibilities of the advisory board shall be prescribed by the commissioner, and he may specifically delegate to the advisory board, by inclusion in the marketing order, all or any of the following duties and responsibilities:—(a) recommending to the commissioner administrative rules and regulations relating to the marketing order;(b) recommending to the commissioner such amendments to the marketing order as seem advisable;(c) preparing and submitting to the commissioner the estimated budget required for the proper operation of the marketing order;(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order;(f) performing such other duties in connection with the marketing order as the commissioner shall designate.
Chapter 128: Section 115. Rules and regulations; promulgation; actions to enforce compliance; injunctions; costs Section 115. The commissioner may make and promulgate such rules and regulations as may be necessary to effectuate the provisions and intent of said sections one hundred and two through one hundred and fifteen and to enforce the provision of any marketing agreement or order, all of which shall have the force and effect of law.
The commissioner may institute such action at law or in equity as may appear necessary to enforce compliance with any provision of said sections one hundred and two through one hundred and fifteen or any rule or regulation, marketing agreement or order, committed to his administration, and in addition may apply for relief by injunction if necessary to protect the public interest. Costs incurred by the commissioner in such proceedings shall be paid from the trust fund established under section one hundred and thirteen of this chapter with respect to the marketing order or agreement in the proceedings.
Chapter 128: Section 12. Powers and duties of division of regulatory services Section 12. The division of regulatory services shall investigate all dairy products bought or sold, enforce the laws for the manufacture, transfer and sale of such products, and take such action as will tend to produce better quality thereof and to improve the dairy industry. It may co-operate with the department of public health and with inspectors of milk, but it shall not interfere with the duties of such department or officers.
Chapter 128: Section 13. Report of unsanitary condition Section 13. The bureau of dairying in the division of regulatory services shall report to the director of animal health each case brought to its attention where any barn, stable or other enclosure, where neat cattle, other ruminants or swine are kept, is found in an unsanitary condition.
Chapter 128: Section 13A. Reimbursement following dealer’s milk payment default Section 13A. The Milk Producers Security Fund, established by section 48 of chapter 10, shall be for the purpose of reimbursing Massachusetts producers who sold milk to a dealer when the dealer has defaulted in the timely payment for the milk under chapter 94A, or orders, rules or regulations issued under the authority thereof, or of a federal milk marketing order. Each producer shall notify the commissioner in writing of any default in the payment within 90 days after the date on which payment of milk is regularly due. If there is reason to believe that the dealer is in arrears in his payments to producers for milk received by him, the commissioner shall give notice to all producers so affected to file verified claims with the commissioner. The commissioner shall examine all claims so filed and shall certify the amounts determined to be due thereon, and transmit the same for payment to the state treasurer under section 48 of chapter 10.
Chapter 128: Section 13B. Dealer payments into Milk Producers Security Fund Section 13B. The dealer of milk in the commonwealth who first received milk from Massachusetts producers, shall pay on or before the due date of payment to the producers, the amount of 5 cents per 100 weight on the volume of all the milk purchased from the producers and the payments shall be deposited with the state treasurer in the Milk Producers Security Fund established by section 48 of chapter 10. Payment as provided in this section shall be made for all milk shipped to a dealer by a producer who is not a member of a cooperative association which guarantees payment where there is a default in the payment for milk. Payment shall be deducted by the dealer from monies owed by the dealer to the producers in the amount of 5 cents per 100 weight.
The commissioner may suspend the requirements of the previous paragraph from time to time for such a length of time he considers necessary, but not exceeding 2 years, upon determination that the interests of the producers would be best served by a suspension. The commissioner shall not suspend these requirements if the balance of the fund does not exceed $1,000,000. The commissioner shall provide 30 days’ written notice of any suspension or reinstatement of payments into the fund to the house and senate committees on ways and means and to all dealers and producers affected.
Chapter 128: Section 14. Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer Section 14. The department and its employees shall have access to each place or vehicle used in the manufacture, storage, transportation or sale of dairy products or imitations thereof, and to each vessel and can used in such manufacture, storage, transportation and sale, and shall have the authority given to the department of public health or its officers, or to inspectors of milk, to enforce and prosecute violations of all laws relating to dairy products or imitations thereof. Whoever hinders, obstructs, or in any way interferes with an officer or duly authorized agent of the department in the performance of his duty shall be punished for a first offence by a fine of one hundred dollars and for a subsequent offence by a fine of two hundred dollars, to the use of the commonwealth.
Chapter 128: Section 15. Duties of employees of department Section 15. Employees of the department shall visit towns to inquire into the methods and needs of practical husbandry, ascertain the adaptation of agricultural products to soil, climate and markets, encourage the establishment of farmers’ clubs, agricultural libraries and reading rooms, disseminate useful information in agriculture by lectures or otherwise, and annually in October make detailed reports to the commissioner.
Chapter 128: Section 16. Entry upon public or private grounds; contracts Section 16. The director of regulatory services and his assistants may at all times enter any public or private grounds in the performance of duties required by section seventeen to thirty-one, inclusive, for the purpose of abating any serious plant diseases. Said director may, subject to appropriations, make contracts on behalf of the commonwealth.
Chapter 128: Section 17. Inspection of nurseries; certificate; suppression of pests Section 17. The said director, either personally or through his assistants, shall inspect at least once each year each nursery or place where nursery stock is grown, and if no dangerous insects or fungous pests are found therein, he shall give a certificate to that effect. If such pests are found therein the owner of the stock shall take such measures to suppress the same as the director shall prescribe, and no certificate shall be given until he has satisfied himself by a subsequent inspection that all such pests have been suppressed. He shall determine the season for inspecting nurseries and the form of certificates to be given but in no case shall he issue a certificate to continue in force after July first next following the date of inspection.
Chapter 128: Section 18. Licensing of nursery agents; application; revocation Section 18. Each agent or other person, except a grower, who sells nursery stock shall make application to the director for an agent’s license, and shall file with him the names and addresses of all persons or nurseries from which he purchases his stock. On receipt of such application, the director shall issue an agent’s license, valid for one year, in such form and with such provisions as the department prescribes. The license may be revoked at any time for failure to report the names and addresses of persons or nurseries from which stock is purchased, or for such other cause as may be deemed sufficient by the director and the commissioner. Each person except a grower who sells, or who takes or solicits orders for, nursery stock shall be regarded as a nursery agent for the purposes of sections eighteen to thirty-one, inclusive.
Chapter 128: Section 19. Sale of nursery stock; grower’s certificate Section 19. No person shall sell, exchange, give, deliver or ship within the commonwealth any tree, shrub or plant commonly known as nursery stock unless such person holds a grower’s certificate under section seventeen or an agent’s license under the preceding section, and unless a copy of such certificate or license, or such other evidence as the department prescribes, shall accompany each car, box, bundle or package sold, exchanged, given, delivered or shipped, and unless such certificate or license is dated within twelve months of the date of such delivery or shipment; but this section shall not prohibit the selling, giving or exchanging of trees, plants or shrubs by any person who is not a grower of, dealer in, or agent for nursery stock.
Chapter 128: Section 1A. Farming, agriculture, farmer; definitions Section 1A. “Farming” or “agriculture” shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.
Chapter 128: Section 2. Powers and duties of department of agriculture Section 2. The department through its proper divisions shall have power to—(a) Execute and carry into effect the laws relative to dairy products, animal breeding, apple grading, plant pest control except the gypsy and brown tail moths and the tent caterpillars, apiary inspection, and the production, storage, marketing and distribution of agricultural products.
(b) Aid in the promotion and development of the agricultural resources of the commonwealth and the improvement of conditions of rural life, the settlement of farms and the distribution of the supply of farm labor.
(c) Establish a foreign trade section in the division of agricultural development and investigate the cost of production and marketing in all phases, and the sources of supply, of agricultural, aquacultural, floricultural or horticultural commodities, transportation, storage, marketing and distribution of said products sold, offered for sale, stored or held within the commonwealth.
(d) Collect and disseminate data and statistics as to the food, flowers and other horticultural products produced, marketed, stored or held within the commonwealth, with the quantities available from time to time and the location thereof.
(e) Investigate and aid improved methods of co-operative production, marketing and distribution of agricultural products within the commonwealth.
(f) Offer prizes for and conduct exhibits of flowers, fruits, vegetables, grasses, grains or other farm crops, dairy products, honey, horses, breeding ponies, cattle, sheep, swine, poultry, poultry products, rabbits, hares, dairy goats, farm operations, and canned and dried fruits and vegetables and offer prizes for, and in aid of, the elimination and suppression of insect pests. The department may also offer prizes for, and in aid of, such agriculturally related youth programs as the commissioner may deem approved. To properly display exhibits authorized in this paragraph, the department may expend such sums as may be appropriated therefor for the painting, renovation, remodeling and maintenance of the state agricultural and industrial building in the town of West Springfield and in the city of Brockton.
(g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: the Massachusetts Thoroughbred Breeders Association, Inc. shall from time to time in consultation with the chairman of the racing commission and the program manager for the equine division in the department of agriculture set the percentages for bonuses to be awarded to the breeder of a Massachusetts bred thoroughbred horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running horse race if said horse finishes first, second or third; the percentage for a cash prize to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the department of food and agriculture; the percentage for a cash prize for the purse monies won by said thoroughbred horse in any unrestricted pari-mutuel running horse race to the owner of a Massachusetts bred horse if said horse finishes first, second, or third.
The Massachusetts Thoroughbred Breeders Association, Inc. is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that no person, partnership, corporation or group of persons may receive more than five thousand dollars as a cash prize breeder’s award from the association for an individual horse race within the commonwealth. For the purposes of this section a horse race shall mean a thoroughbred race of any kind held within the commonwealth except at fairs.
No person shall be eligible for the prizes provided herein unless the following standards are met:(1) The foal of a thoroughbred mare that drops said foal in the commonwealth and is bred back to the Massachusetts registered stallion shall be Massachusetts bred; or(2) The foal of a thoroughbred mare who resides in the commonwealth from the fifteenth day of October of the year prior to foaling, and continues such residence until foaling and foals in the commonwealth shall be Massachusetts bred.
(3) In either the case of subparagraph (1) or (2) each thoroughbred foal dropped in the commonwealth shall be registered with the Jockey Club and the department of food and agriculture.
(4) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all thoroughbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.
The Massachusetts Thoroughbred Breeders Association, Inc. is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion, and administration of the thoroughbred breeding program in the commonwealth.
The state auditor shall annually audit the books of the Massachusetts Thoroughbred Breeders Association, Inc.
, to insure compliance with this section.
(h) Allot to fairs monies for the purchase, rental or installation of facilities to further aid in the display of exhibits and the health and comfort of the general public; provided, however, monies shall not be expended on any portion of the fair used for horse or dog racing.
It may also publish annually a leaflet relative to trees and birds, which shall be approved by the commissioner of education, and may distribute the same to the superintendents and teachers of rural and suburban public schools prior to Arbor and Bird Day.
(i) To promote, develop and encourage through the Massachusetts greyhound breeding program, breeding of racing greyhounds in the commonwealth by offering: a cash prize to the breeder of a Massachusetts bred greyhound, equal to not more than twenty-five per cent of the purse monies won by said greyhound in any pari-mutuel greyhound race if said greyhound finishes first, second or third; a cash prize of not more than fifteen per cent of the purse won by said greyhound to the owner of the stud; provided, however, that (i) the stud stood in the commonwealth at the time of service to the bitch and the owner of the stud was a Massachusetts resident, (ii) the greyhound finishes first, second or third and (iii) the stud is registered with the department as a stud standing in Massachusetts at the time of mating; and a cash prize equal to not more than five per cent of the purse monies won by said greyhound in any unrestricted pari-mutuel greyhound race to the owner of a Massachusetts bred greyhound if said greyhound finishes first, second or third.
The department is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred greyhounds from the Massachusetts greyhound breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or nonbetting races and may or may not be races scheduled by the licensee conducting the racing meeting. Purse monies and prize monies paid by the department under this section may be in such amounts as the department shall determine and may be the sole cash purse for such races or may be in supplement to the cash purses established by the licensee.
No person shall be eligible for the prizes provided herein unless all of the following standards are met:(1) the stud is standing in Massachusetts at the time of mating and is owned or leased by a Massachusetts resident; and(2) the greyhound is whelped in Massachusetts from a bitch owned by a Massachusetts resident; and(3) the greyhound is physically present within Massachusetts for the first six months of the first year following the date such greyhound was whelped; and(4) the greyhound is certified as a Massachusetts bred greyhound by the department.
The department shall, with the approval of the state racing commission, and after public hearing, adopt rules and regulations for the expenditure of sums appropriated to carry out the provisions of this paragraph and for the registration of Massachusetts bred greyhounds. Said rules and regulations shall contain provisions for the eligibility of greyhounds for participation in such program where such greyhounds were whelped in Massachusetts prior to November first, nineteen hundred and eighty-six, which greyhounds may be deemed to be Massachusetts bred for purposes of this paragraph. Said rules and regulations shall be subject to section nine B of chapter one hundred and twenty-eight A, in the same manner as if they had been adopted by the commission.
The department shall establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of paragraphs (b), (f), (g), and (i). Before establishing such rules, the commissioner, after reasonable notice setting forth the date, place and purpose, shall hold a public hearing relative to such rules.
[Subsection (j) effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] (j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing commission shall, from time to time in consultation with the chairman of the racing commission and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse.
The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility.
The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements:(1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or(2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth;(3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture.
Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth.
The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.
The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.
[Subsection (j) effective December 31, 2005. For text effective until December 31, 2005, see above.
] (j) Promote, develop and encourage through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: a representative organization of standardbred breeders and owners approved by the state racing commission, shall, from time to time in consultation with the chairman of the racing commission and the program manager for the equine division of the department of food and agriculture, set the percentages for purses and stallion awards to be awarded to the breeder of a Massachusetts standardbred horse; provided, however, that a maximum of fifteen percent of such sums shall be awarded to the owner, or lessee of the stallion who owned or leased such stallion at the time the stallion sired a Massachusetts standardbred horse.
The standardbred horses and stallions eligible to participate in the purses and stallion awards provided herein shall be limited to those of racing ages two and three and which have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion stood the entire breeding season of February first through July fifteenth in the commonwealth in the year any such eligible foal was conceived.
The representative organization of standardbred breeders and owners approved by the state racing commission is further authorized to pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse and stallion award for such races or may be supplemental to the cash purses and stallion awards established by the licensee of the pari-mutuel facility.
Prior to the first day of October of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all standardbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.
The representative organization is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.
The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.
Chapter 128: Section 20. Importation of nursery stock; certificate of inspection Section 20. No nursery stock shall be brought into the commonwealth unless it bears an unexpired certificate of inspection. Each person bringing into the commonwealth, or receiving for transportation to a point within the commonwealth from outside thereof, any car, box, bundle, package or consignment in any form, of living trees, shrubs or plants commonly known as nursery stock, shall immediately notify the director of the fact that such consignment has been received by him and give the name and address of the consignee, together with such further report as may be lawfully required by the director.
Chapter 128: Section 20A. Spread or growth of plants of water chestnut (Trapa natans) Section 20A. No person shall knowingly plant, transport, transplant or traffic in plants of water chestnut (Trapa natans) or in seeds or nuts thereof nor in any manner cause the spread or growth of such plants.
Chapter 128: Section 21. Inspection of nursery stock, fruits and plants at points of destination; destruction; notice to director Section 21. The director, either personally or through his assistants, may inspect at its point of destination all nursery stock coming into the commonwealth, and if such stock is found to be infested with injurious insects or plant disease he may cause it to be destroyed, treated or returned to the consignor at the consignor’s expense. He may, either personally or through his assistants, inspect all fruits, plants and parts thereof brought into the commonwealth from outside thereof which also grow out of doors in this commonwealth, and, if such fruits, plants and parts thereof are found to be infested with injurious insects or plant disease likely to become established herein, he may cause the same to be destroyed, treated or returned to the consignor at the consignor’s expense.
Each person, except a common carrier, who receives, brings or causes to be brought into this commonwealth any such fruits, plants and parts thereof from such states, provinces or countries as may be designated by the commissioner, shall immediately after the arrival thereof notify the director of such arrival, and hold them until they have been duly inspected.
Chapter 128: Section 22. Repealed, 1952, 480, Sec. 2 Chapter 128: Section 23. Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification Section 23. The owner of any cultivated berry-bearing shrubbery destroyed by the director or his assistants under sections twenty-one and twenty-two shall receive compensation therefor from the commonwealth, provided that he has given written notice thereof to the director within thirty days after the accrual of his claim to compensation. The director or an assistant shall thereupon investigate the same, and if the director does not agree with the claimant as to the validity of his claim or as to the amount thereof, the question at issue shall be determined by three arbitrators who shall be the commissioner, the director of the division of forests and parks in the department of environmental management, and an assistant attorney general to be designated by the attorney general. Any award of damages made by said arbitrators, together with the cost of the appraisal, shall be certified to the comptroller, and shall thereupon be paid by the commonwealth in the same manner as other claims.
Chapter 128: Section 24. Inspection of orchards, etc. for noxious weeds, insect pests or plant diseases; notice to landowners, et al.
; abatement; cost of treatment Section 24. The director, either personally or through his assistants, may inspect any orchard, field garden, roadside or other place where trees, shrubs or other plants exist, whether on public or private property, which he may know or have reason to suspect is overgrown with noxious weeds or infested with the San Jose scale or any serious insect pests or plant disease, when in his judgment such pests, disease or weeds are likely to cause loss to adjoining owners, and may serve upon the owner, occupant or person in charge of the land on which such noxious weeds, trees, shrubs or other plants are present, written notice of the presence of such weeds, pests or plant disease, with a statement that they constitute a public nuisance, together with directions to abate the same, giving the methods of treatment for the abatement thereof, and stating a time within which the nuisance must be abated in accordance with the methods given therein. If the person no notified refuses or neglects so to treat or destroy such weeds, trees, shrubs or other plants within the time prescribed, the director may cause such property to be so treated or destroyed, and may employ all necessary assistants for this purpose, who may enter upon any public or private property, if such entry is necessary for this purpose. Upon the completion of said treatment the director shall certify in writing to the owner or person in charge of the treated property the amount of the cost of such treatment, and if this be not paid to the commissioner within ninety days thereafter, the same may be recovered by suit, together with the cost of the suit.
Chapter 128: Section 24A. Repealed, 1949, 761, Sec. 13 Chapter 128: Section 25. Appeal from proposed action Section 25. In case of objection to the proposed action of the director or his assistants in executing any provision of sections sixteen to thirty-one, inclusive, an appeal in writing may be taken within ten days to the commissioner, and the appeal shall operate as a stay of proceedings until it has been heard and decided by the commissioner, whose decision shall be final.
Chapter 128: Section 26. Proceedings after appeal; notice Section 26. When the commissioner has heard an appeal and has rendered a decision that the action of the director from which the appeal was taken is sustained, the director shall notify in writing the owner, occupant or person in charge of the trees, shrubs or other plants concerned, of the decision, and shall direct him to treat or destroy the trees, shrubs or other plants within a given time in accordance with a method prescribed in the notice. If the person so notified refuses or neglects so to treat or destroy such trees, shrubs or other plants within the time prescribed, the director may cause such property to be so treated or destroyed, and the cost thereof to be recovered as provided in section twenty-four.
Chapter 128: Section 27. Powers of director Section 27. The director, with the approval of the commissioner, after a duly advertised public hearing with notice to interested parties, may prohibit, for such periods and under such conditions as he may impose, the delivery within the commonwealth of nursery stock, fruits, plants and parts thereof from outside the commonwealth when in his opinion they are likely to be infested with insect pests or disease or are likely to act as a carrier thereof. With the approval of the commissioner, he may make and issue such rules and regulations as may be needed to carry out sections sixteen to thirty-one, inclusive, and may in such rules and regulations establish fees for registration or inspection. He may also enter into reciprocal agreements with other states under which nursery stock owned by nurserymen and dealers of such states may be sold or delivered in this commonwealth without the payment of a registration or inspection fee; provided, that like privileges are accorded in such other states to nurserymen and dealers of this commonwealth. He may publish information about such insects and disease as come within his observation.
Chapter 128: Section 28. Exemption of gypsy and brown tail moths Section 28. Sections sixteen to twenty-seven, inclusive, twenty-nine and thirty, shall not apply to gypsy or brown tail moths in any stage of development except upon places where nursery stock is grown and upon property adjoining the same.
Chapter 128: Section 29. Violations Section 29. Whoever violates any provision of sections sixteen to twenty-seven, inclusive, or offers any hindrance to the carrying out of any part thereof, or after receipt of written request from the director or any of his assistants unreasonably refuses or neglects to comply with any order or regulation lawfully made under any of said sections, shall be punished by a fine of not less than ten nor more than one hundred dollars to the use of the commonwealth.
Chapter 128: Section 2A. Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations Section 2A. No person shall hold himself out to be a horse riding instructor for hire without being licensed for such purpose by the commissioner. Application for a license under this section may be filed with the commissioner and shall contain such information as he shall prescribe. Every such application shall be accompanied by a registration fee of 20 dollars, which shall in no event be refunded. If an application is approved by the commissioner, the applicant upon the payment of an additional fee of 30 dollars shall be granted a license, which shall expire on March thirty-first following the date of issue, unless sooner revoked. The annual fee for renewal thereafter shall be 30 dollars.
Every person licensed as aforesaid shall endorse his usual signature on the margin of the license in the space provided for such purpose immediately upon the receipt of said license, and such license shall not be valid until so endorsed. In case of loss, mutilation, or destruction of a license, the commissioner shall issue a duplicate upon proper proof thereof and payment of a fee of 4 dollars.
The commissioner shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall be issued such license.
Chapter 128: Section 2B. Riding schools or stables; license; fee; rules and regulations; penalties Section 2B. Every person engaged in the business of operating a riding school or a stable where horses are kept for hire, shall obtain a license therefor from the commissioner, the fee for which shall be $100, and such license shall expire on March thirty-first following the date of issuance, unless sooner revoked. The commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses or other equine animals, and the method and time of inspection and checking of said animals. Whoever violates any provision of this section or of any rule or regulation made thereunder shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.
Chapter 128: Section 2C. Horses participating in contests at agricultural fairs; administering of drugs prohibited; testing, prima facie evidence; eligibility restricted; rules and regulations Section 2C. No person shall administer or cause to be administered any drug, internally or externally by injection, drench or otherwise, to any animal for the purpose of retarding, stimulating or in any other manner affecting the performance of such animal in or in connection with a contest conducted under the provisions of paragraph (f) of section two.
The commissioner is hereby authorized to make such tests of saliva, blood and urine of any animal entered into a pulling contest as he may deem necessary. If a drug is found in the chemical analysis of said saliva, blood or urine, it shall be prima facie evidence that a drug has been administered.
The owner of any animal which has been tested and in which a drug has been found, his representative, and any animals owned by or leased to such person shall be ineligible to participate in or receive premiums offered at any agricultural fair or any pulling contest in the commonwealth pending an investigation, finding, and order of the commissioner.
The commissioner may make rules and regulations necessary to carry out the provisions of this section.
Chapter 128: Section 2D. Liability of persons involved in equine activities Section 2D. (a) For the purposes of this section, the following words shall have the following meanings:—“Engage in an equine activity”, riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or assisting a participant or show management. The term “engage in an equine activity” shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity.
“Equine”, a horse, pony, mule, or donkey.
“Equine activity” (1) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (2) equine training or teaching activities or both; (3) boarding equines; including normal daily care thereof; (4) riding, inspecting, or evaluating by a purchaser or an agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6) placing or replacing horseshoes or hoof trimming on an equine; and (7) providing or assisting in veterinary treatment.
“Equine activity sponsor”, an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters of equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.
“Equine professional”, a person engaged for compensation:(1) in instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; (2) in renting equipment or tack to a participant; (3) to provide daily care of horses boarded at an equine facility; or (4) to train an equine.
“Inherent risks of equine activities”, dangers or conditions which are an integral part of equine activities, including but not limited to:(1) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) the unpredictability of an equine’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other equines or objects; (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his ability.
“Participant”, any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in such equine activity.
(b) Except as provided in subsection (c), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in said subsection (c), no participant nor participant’s representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
(c) This section shall not apply to the racing meetings as defined by section one of chapter one hundred and twenty-eight A.
Nothing in subsection (b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:(1) (i) provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant’s representations of his ability;(2) owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs, pursuant to subsection (d), have not been conspicuously posted;(3) commits an act of omission that constitutes willful or wanton disregard for the safety of the participant, and that act of omission caused the injury; or(4) intentionally injures the participant.
(d)(1) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph (2). Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in said paragraph (2) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, shall contain in clearly readable print the warning notice specified in said paragraph (2).
(2) The signs and contracts described in paragraph (1) shall contain the following notice:WARNINGUnder Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.
Chapter 128: Section 2E. Agricultural harvesting or “pick-your-own” farming operations; liability of owners or operators Section 2E. No owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called “pick-your-own” agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee.
Said owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location visible to persons allowed to enter said farm for the purpose of agricultural harvesting. The warning notice shall appear on a sign in black letters, with each letter to be a minimum of one inch in height and shall contain the following notice:WARNINGUnder section 2E of chapter 128 of the General Laws the owner, operator, or any employees of this farm, shall not be liable for injury or death of persons, or damage to property, resulting out of the conduct of this “pick-your-own” harvesting activity in the absence of wilful, wanton, or reckless conduct.
Chapter 128: Section 3. Collection and circulation of information regarding development of agricultural resources Section 3. The department may collect all necessary information in regard to the opportunities for developing agricultural resources through the reoccupancy of idle or partly improved farms and farm land, and may cause the facts so obtained, and a statement of the advantages offered, to be circulated where and how it deems for the best interest of the commonwealth.
Chapter 128: Section 30. Prosecutions Section 30. All prosecutions under sections sixteen to twenty-seven, inclusive, section thirty-one and section thirty-one A shall be instituted and directed by the commissioner or by a person or persons specially designated for the purpose by him.
Chapter 128: Section 31. European corn borer infestation; hearing; order; publication Section 31. Whenever the director finds that any town or part thereof is infested with the European corn borer or other insect pest, except the gypsy and brown tail moth, or with a plant disease which in his opinion is likely to spread to other parts of the commonwealth or to other states, he may, after a duly advertised public hearing, and with the approval of the commissioner, issue an order stating the insect pest or plant disease to be guarded against, and prohibiting, for such periods and under such conditions as he deems necessary, the transportation to or from such town or part thereof, of any specified trees, plants, shrubs or other vegetable growths or products, and any specified containers or other articles by means of which such an insect pest or plant disease is or is likely to be carried. The order aforesaid shall be advertised in a newspaper published in each town where it is to be effective or in a newspaper of general circulation in the county where the town is situated. Whoever violates any order issued under this section or whoever offers any hindrance to the carrying out of such order shall be punished by a fine of not less than twenty-five nor more than three hundred dollars.
Chapter 128: Section 31A. Disposition of corn stubble; destruction; postponement Section 31A. In any town or part thereof in which an order issued under section thirty-one in connection with the suppression of the European corn borer shall be in effect, every person in possession of land on which corn of any kind has been grown shall, except as hereinafter provided, not later than December first of the year of its growth, plow or cause to be plowed the field in which it was grown, so as to bury the stubble to a depth of at least six inches, or pull up said stubble or cause it to be pulled up and destroy it, or cause it to be destroyed, by burning, and every person having in his possession corn stalks shall, not later than April tenth of the year following that of their growth, completely dispose of such corn stalks by using them as fodder or by burning them. Whenever it shall be determined by the director that such plowing or burning would be detrimental to soil conservation or to the production of food or feed crops, he may issue an order or permit which shall authorize postponement of such plowing or burning, or shall authorize replanting without plowing, under such conditions not inconsistent with the purpose of this section as he may specify. Such an order or permit may be issued to apply to an individual field, to a farm, or to a geographical or political unit. Whoever violates any provision of this section or any order or permit issued hereunder shall be punished by a fine of not less than twenty-five nor more than five hundred dollars.
Chapter 128: Section 32. Duties; staff; preparation and distribution of literature on bee culture Section 32. There shall be within the department a full-time chief apiary inspector to perform the duties of the department relative to a program for the inspection and control of bees, as provided in sections thirty-two through thirty-eight, inclusive. Subject to appropriation, the apiary inspector shall have a staff to perform said duties. With the approval of the commissioner, the inspector of apiaries shall prepare and distribute from time to time such literature upon the subject of bee culture as he deems advisable, shall make or cause to be made through his assistants such inspection of the bee colonies and beekeeping equipment throughout the commonwealth as is necessary to discover and suppress all bee diseases of a contagious or infectious nature inclusive of virus, fungus, bacterial or animal parasite and for this public purpose may require by regulation the registration of all bee colonies kept within the commonwealth and their location by the owners or caretakers thereof, the fee for which shall be determined by the secretary of administration and finance, which in no case shall exceed five dollars per registrant, regardless of the number of colonies so registered by him. The commissioner may make and issue reasonable regulations for carrying out this and sections thirty-three to thirty-eight, inclusive.
Chapter 128: Section 33. Maintenance of colony of honey bees in hives in which brood combs are fastened to container; diseased bees Section 33. No persons shall knowingly maintain a colony or colonies of honey bees in hives, other receptacles, trees or other lodging places in which brood combs are fastened to the container of the colony or cross-built. No person shall neglect, expose, sell, barter, give or in any other way dispose of diseased bees or any colony container, comb, frame or other appliance used about the diseased bees in whole or in part in such manner as to cause the spread of the disease.
Chapter 128: Section 34. Instructions as to treatment of diseased and miskept colonies; destruction Section 34. The inspector or his assistants, upon the discovery of bee diseases or any comb cross-built or fastened to the container in any apiary or colony shall give instruction to the owner or caretaker thereof as to the treatment of the diseased and miskept colonies, infected combs and equipment and shall cause the diseased and miskept colonies and all infected combs, hives and equipment to be treated, disposed of or destroyed in such manner as to suppress the disease.
For the loss of colonies of bees and property destroyed by the inspector or his assistants the commonwealth shall pay to the owner two dollars per colony.
Chapter 128: Section 35. Transportation of bees and bee equipment; certificate; inspection; fees Section 35. No colony of bees nor any used bee equipment shall be shipped or transported into or delivered in this commonwealth from any other state or country without a certificate, stating that the inspector of apiaries or other officer charged with similar duties in that state or country has inspected said colony or equipment within sixty days and that it is free from infectious or contagious disease. The department may by regulation establish a fee to be paid by any person or entity bringing hives, colonies or packages of bees into the commonwealth under this section, subject to approval by the secretary of administration and finance. Said fees shall not be assessed on the importation of five or fewer hives, colonies or packages so imported at one time, and shall be not less than five dollars for importation of from six to twenty hives, colonies or packages at one time, and shall be not less than twenty-five cents for each hive, colony or package in amounts over twenty imported at one time; provided, however, that in no event shall an individual or entity importing hives, colonies or packages of bees into the commonwealth be assessed any amount greater than two hundred and fifty dollars annually; provided, further, that no assessments shall be made for the importation of queen bees. No transportation company or common carrier shall be liable in damages for refusing to receive, transport or deliver any colony of bees or used equipment when unaccompanied by a certificate as above provided.
This section shall not prevent the transportation or delivery of queen or package bees from Canada or the United States of America when not accompanied by brood, honey or comb.
Chapter 128: Section 36. Access by inspector to places where bees, bee supplies, appliances or equipment are kept; inspection cards Section 36. The inspector or his assistants upon presentation of proper credentials of the department shall have access to each place where bees, bee supplies, appliances or equipment are kept and to each place where bees have lodged.
No owner, renter, or keeper of beehives, used bee equipment, or places where bees have lodged, shall refuse or obstruct entry of the inspector or his assistants to any such place for inspection and for disease control purposes.
There shall be secured to each colony inspected a legible card showing the date of inspection, the health or disease of the colony, and the signature of the inspector.
Chapter 128: Section 36A. Records; reports Section 36A. The inspector shall keep a detailed record of the number and location of all colonies inspected by him or his assistants, the number and location of all colonies found diseased, the treatment thereof, and expenditures incurred in the performance of the duties of his office. He shall report to the commissioner annually, and at such other times as the commissioner requests.
Chapter 128: Section 36B. Labeling and sale of honey; restrictions Section 36B. No person shall package, label, sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as “honey”, “liquid or extracted honey”, “strained honey”, “imitation honey” or “pure honey” which is not pure honey made by honey bees. No person, firm, association, company or corporation, shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as “honey” which consists of honey mixed with any other substance or ingredient. There shall be printed on the package containing such compound or mixture a statement of the ingredients of which it is made and if honey is one of such ingredients it shall be so plainly stated in the same size type as are the other ingredients; provided, however, such compound shall not be packaged, sold, exposed for sale, or offered for sale as “honey” or “imitation honey” nor shall such compound or mixture be branded or labeled with the word “honey”, other than as herein provided.
Chapter 128: Section 36C. Maple syrup and maple syrup food products; labelling Section 36C. No person shall manufacture, label, package, sell, keep for sale, expose or offer for sale any food article or food product branded as maple, maple syrup, maple candy, maple creams, maple butter, or maple sugar which is not made from pure maple syrup derived from the sap of the maple tree. Any compound or mixture branded or labelled as maple, maple syrup, maple candy, maple creams, maple butter or maple sugar, or branded as an imitation thereof, which consists of maple syrup mixed with any other substances or ingredients shall have printed on the package containing such compound or mixture a statement of the ingredients of which it is made, all said ingredients to be set forth in the same size type as the words “maple syrup”.
The use of the words “maple” or “maple syrup”, shall not be used in the labelling or branding of any food product which does not contain any maple syrup in its ingredients.
Chapter 128: Section 37. Repealed, 1966, 606 Chapter 128: Section 38. Penalties Section 38. Whoever violates any provision of sections thirty-three and thirty-five shall be punished for a first offence by a fine of not more than thirty dollars, for the second offence by a fine of not more than seventy-five dollars, and for a subsequent offence by a fine of not more than one hundred and fifty dollars.
Whoever violates any provisions of sections thirty-six B and thirty-six C shall be punished for a first offense by a fine of not more than two thousand dollars, for a second offense by a fine of not more than five thousand dollars and for a subsequent offense by a fine of not more than ten thousand dollars.
Chapter 128: Section 38A. Establishment and holding of fairs Section 38A. The director of the division of fairs shall supervise the establishment and holding of fairs for the encouragement or extension of agriculture.
Chapter 128: Section 38B. Massachusetts State Exposition Building Maintenance Fund Section 38B. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts State Exposition Building Maintenance Fund, the funds of which shall be expended solely for the purposes of upkeep, maintenance and repairs of the Massachusetts State Exposition Building and the land thereon, described more fully as the Massachusetts Building at the Eastern States Exposition in the town of West Springfield.
(b) The Massachusetts State Exposition Building Maintenance Fund shall receive monies from (1) gifts, grants and donations from public or private sources; (2) federal reimbursements, grants-in-aid or other money credited or transferred from any other fund or source; (3) rental fees and expenses received from tenants of the Massachusetts Building; and (4) any interest earned from the Massachusetts State Exposition Building Maintenance Fund. Such funds shall be impressed with a trust and held for the Board of Massachusetts Trustees of the Eastern States Exposition for certain expenditures for upkeep, maintenance and repairs, as needed. The state treasurer may receive, deposit and invest funds held for said Board of Massachusetts Trustees of the Eastern State Exposition in such a manner that will ensure the highest interest rate available consistent with the safety of the fund.
(c) The books and records of the Massachusetts State Exposition Building Maintenance Fund shall be subject to an annual audit by the state auditor.
(d) The division of capital asset management and maintenance is hereby authorized to expend such funds as may be necessary to facilitate the upkeep, maintenance and repairs of the Massachusetts state exposition building and the land thereon as more fully described herein. All such upkeep, maintenance and repairs shall be made in a manner consistent with the provisions of chapter 579 of the acts of 1980 and all other applicable laws.
Chapter 128: Section 38C. Agricultural fairs; facilities and land resources; preservation and rehabilitation Section 38C. The commissioner may develop a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs in the commonwealth through short-term preservation covenants, grants, demonstration projects and other means. The commissioner may promulgate regulations relative thereto.
Chapter 128: Section 39. Repealed, 1933, 74, Sec. 2 Chapter 128: Section 4. Trust funds, gifts or bequests Section 4. The department may take, and hold in trust, funds collected pursuant to marketing orders or agreements as set forth in sections one hundred and two through one hundred and fifteen of this chapter, and gifts and bequests to it for promoting agricultural education or the general interests of husbandry.
Chapter 128: Section 40. Trustees for county cooperative extension service; accounts; director of accounts; annual report Section 40. In each county, except counties maintaining vocational agricultural schools, there shall be an unpaid board of nine trustees to be known as trustees for county cooperative extension service. The county commissioners of each such county except Suffolk, and the city council of the city of Boston in Suffolk county, shall annually appoint three trustees, qualified as hereinafter provided, to serve for three years from April first of the year of the appointment, and shall fill any vacancy in said board for the unexpired term. All of said trustees shall be residents of the county where they are appointed, one shall always be a county commissioner of said county or, in the county of Suffolk a member of the city council of Boston, and four so far as is possible shall be taken from the directors, chosen as provided in the following section, of such cities and towns as have appropriated funds toward carrying out sections forty to forty-five, inclusive. No trustee, except a county commissioner, shall serve more than two consecutive full terms. The accounts of the trustees in each county except Suffolk shall be audited by the director of accounts and in Suffolk county shall be audited by the auditor of the city of Boston in the manner in which other county accounts are audited under general law. The trustees shall annually submit to the county commissioners or the city council of the city of Boston as the case may be, a report for the previous year with a statement of receipts and expenditures in such form and at such time as is required by them, and they shall cause the said report to be printed as part of their regular annual report.
Chapter 128: Section 41. Selection of directors; terms Section 41. Choice of the directors mentioned in section forty shall be made in such towns by the board of selectmen, and in such cities by the mayor, not later than fifteen days following the vote authorizing the appropriation specified in section forty. The directors shall serve for such terms as the mayor in cities and the town meeting in towns shall determine.
Chapter 128: Section 42. Receipt of grants; expenditure of money; power of trustees Section 42. For purposes specified in sections forty to forty-five, inclusive, the trustees may receive on behalf of the county money appropriated by any town or by the federal government, or grants made by any individual, trustee or trustees, association or corporation, and may expend the same together with any money appropriated by the general court for any county for county aid to agriculture, either solely or in conjunction with representatives or agents of the commonwealth or of the United States or of any department, commission, board or institution created under the statutes of this commonwealth or under any act of congress. The trustees may enter into any agreements, arrangements or undertakings with any such department, commission, board or institution relative to extension work with adults and with boys and girls in agriculture, homemaking and country life.
The trustees may expend each year an amount, not exceeding one per cent of the appropriation for county aid to agriculture, to pay the expenses, including the cost of meals, of unpaid volunteers at official meetings called for the purpose of furthering the organized educational projects or programs of the county extension service.
Chapter 128: Section 43. Instructors in agriculture, homemaking and country life Section 43. The trustees shall maintain one or more agents or instructors in agriculture, homemaking and country life, who shall meet the residents of the county individually and in groups for the purpose of teaching and demonstrating better practice in agriculture and homemaking, the benefits to be derived from co-operative efforts, better methods of marketing farm products and the organization of communities to build up country life.
Chapter 128: Section 44. Preparation of annual budget Section 44. The trustees, except in Suffolk county, shall annually prepare and submit to the county commissioners, not later than the first Wednesday in December, a budget containing detailed estimates of all sums required by them for carrying out sections forty to forty-five, inclusive, during the ensuing fiscal year, as defined in section sixteen of chapter thirty-five. The trustees, except in Suffolk county, in preparing their budget shall indicate estimated expenses for the agricultural, home economics, resource development and youth programs and shall record their expenditures in like manner in their annual report. The county commissioners shall include in their annual estimate of county expenses to be appropriated by the general court and raised by the annual county tax levy at least one half of such sums as they deem necessary to carry out said purposes.
Chapter 128: Section 44A. Suffolk county annual budget and report; tax assessment Section 44A. The trustees in Suffolk county shall annually prepare and submit a budget containing detailed estimates of all sums required by them for carrying out sections forty to forty-five, inclusive, during the ensuing fiscal year. Said trustees in preparing their budget shall indicate estimated expenses for the agricultural, home economics, resource development and youth programs and shall record their expenditures in like manner in their annual report.
To meet the expenses incurred there shall annually be expended from the state treasury, subject to appropriation, sums equal, in the aggregate, to seven cents on each one thousand dollars of the equalized valuations of the town of Winthrop and the cities of Boston, Chelsea and Revere, as most recently reported by the state tax commission to the general court under the provisions of section ten C of chapter fifty-eight of the General Laws, and the state treasurer shall issue his warrant requiring the assessors of said town and cities to assess a tax to the amount of the sums so expended in proportion to their said valuations, and such amounts shall be collected and paid to the state treasury as provided by section twenty of chapter fifty-nine of the General Laws; provided, that such town or any city may in any year anticipate in whole or in part its assessment, and appropriate, raise and deposit the amount thereof with the state treasury, and any sum so deposited shall be credited against such assessment. There may also be expended for the purpose of this act voluntary contributions for such purposes deposited in the state treasury.
Chapter 128: Section 45. Acquisition of land by towns for demonstration work in agriculture and homemaking Section 45. Any town may acquire, by purchase or otherwise, in the manner in which land may be acquired for school purposes, real estate for the purpose of carrying on, under the direction of the agents or instructors of said trustees, demonstration work in agriculture and homemaking, and may appropriate money to be expended by said trustees under sections forty to forty-three, inclusive, or for the purpose of enabling the trustees to acquire necessary real estate, or for the support of demonstration work, under the direction of the agents or instructors or of the trustees, on land owned by the town or by any resident thereof.
Chapter 128: Section 46. Exhibitions; assignment of police to preserve peace Section 46. Upon the application of the president of an incorporated agricultural or horticultural society to the authorities of a town where an exhibition of such society is to be held, such authorities shall assign for special service at such exhibition all police officers or constables necessary to preserve the peace and enforce the law thereat.
Chapter 128: Section 47. Receipt of department reports by farmers’ clubs; annual returns; reports Section 47. Farmers’ clubs which are organized and are holding regular meetings shall, upon application made annually in November to the commissioner, receive copies of the department’s report and of its other publications, in proportion to the number of their members and to the applications so made. A club which receives such copies shall annually in October make returns to said commissioner of its agricultural experiments and of the reports of its committees.
Chapter 128: Section 48. Regulations for preservation of peace at meetings or exhibitions; posting Section 48. Each agricultural or horticultural society or farmers’ club may establish such regulations, not inconsistent with law, as it considers necessary and expedient for the preservation of peace and good order or for the protection of its interests at its regular or annual meetings, shows, fairs or exhibitions, and shall cause at least five copies of such regulations to be posted in public places on its grounds not less than forty-eight hours before the time of holding each meeting, show, fair or exhibition.
Chapter 128: Section 49. Vendors, gaming activities, shows or plays near cattle show, fair or exhibition; gaming Section 49. No person, during the time of holding a cattle show, fair or exhibition or meeting of a farmers’ club and without the consent of the authorities having charge of the same, shall establish within one half mile of the place of holding such show, fair, exhibition or meeting a tent, booth or vehicle of any kind for the purpose of vending any goods, wares, merchandise, provisions or refreshments. No person shall engage in gaming or horse racing or exhibit a show or play during the regular or stated time of holding a cattle show, agricultural fair or meeting of a farmers’ club, or engage in pool selling, at or within one half mile of the place of holding the same; but no person having his regular place of business within such limits shall be hereby required to suspend his business.
Chapter 128: Section 5. Annual report Section 5. The department shall make an annual report, including the number of agents, assistants and scientific experts employed in the various divisions together with their expenses and disbursements, of all investigations made by the department of all cases prosecuted with the results thereof, and any other information advantageous to the public and agricultural industry.
Chapter 128: Section 50. Penalty Section 50. Whoever violates any provisions of the preceding section, or of a regulation established under section forty-eight, shall forfeit not more than twenty dollars.
Chapter 128: Section 51. Definitions applicable to Secs. 52 to 63 Section 51. The following words as used in section fifty-two to section sixty-three, inclusive, unless a different meaning is required by the context, or is specifically described, shall have the following meanings:—“Brand name”, any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
“Commercial feed”, all materials except unmixed seed, whole or processed, when not adulterated within the meaning of section fifty-four which are distributed for use as feed or for mixture in feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this act, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not inter-mixed with other materials, and are not adulterated within the meaning of said section fifty-four.
“Contract feeder”, a person who is an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person’s remuneration is determined all or in part by feed consumption, mortality, profits, or amount, or quality of product.
“Customer-formula feed”, commercial feed which consists of a mixture of the commercial feeds, or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
“Drug”, any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body.
“Mineral feed”, a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
“Official sample”, a sample of feed taken by the commissioner or his agent in accordance with the provisions of section fifty-eight D.
“Per cent or percentage”, the per cent by weight.
“Pet food”, any commercial feed prepared and distributed for consumption by pets.
“Product name”, the name of the commercial feed which identifies it as to kind, class, or specific use.
Chapter 128: Section 52. Registration; application; changes in guarantees; hearing; fee Section 52. Each commercial feed shall be registered before being distributed in the commonwealth; provided, however, that customer-formula feeds are exempt from registration. The application for registration shall be submitted on forms furnished by the commissioner or his deputy and if the commissioner so requests, shall also be accompanied by a label or other printed matter describing the product. Upon approval by the commissioner or his deputy a copy of the registration shall be furnished to the applicant. All registrations shall expire on December thirty-one of each year. The application shall include the information required by section fifty-three.
A distributor shall not be required to register any brand of commercial feed which is already registered under the provisions of this section by another person.
Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted provided there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed, and provided the commissioner or his deputy is notified of the change.
The commissioner or his deputy is empowered to refuse registration of any application not in compliance with the provisions of sections fifty-two to sixty, inclusive, and to cancel any registration subsequently found not to be in compliance with any provision thereof; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given opportunity to be heard before the commissioner or his duly authorized assistant and to amend his application in order to comply with the law. The registration fee shall be twenty-five dollars.
Chapter 128: Section 53. Labels affixed to containers or accompanying delivery in bulk; form and content Section 53. All commercial feed distributed in the commonwealth except customer-formula feeds shall be accompanied by a legible label bearing the following information: (1) net weight; (2) name or brand under which the commercial feed is sold; (3) guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber. For mineral feeds formulated entirely or mainly from mineral ingredients the list shall include the following if added: Minimum and maximum percentage of calcium (Ca) and minimum and maximum percentages of salt (NaCl). Other substances or elements, determined by laboratory methods, may be guaranteed by permission of the commissioner or his deputy. When any items are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the commissioner. Products sold solely as mineral or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat and fiber. In all cases the substances or elements must be determined by laboratory methods; (4) common or usual name of each ingredient used in the manufacture of the commercial feed, except, the commissioner or his deputy may, by regulation, permit the use of a collective term for a group of ingredients all of which perform the similar function, or he may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers and providing that a statement of the ingredients to be used is on file with the commissioner or his deputy; (5) name and principal address of the manufacturer or the person responsible for distributing the commercial feed; (6) adequate directions for the use of all commercial feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use; (7) such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed.
When a commercial feed is distributed in the commonwealth in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk, the label shall accompany delivery and be furnished to the purchaser at time of delivery.
A customer-formula feed shall be labeled by invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information: (1) name and address of the mixer; (2) name and address of the purchaser; (3) date of sale; and (4) kind or type of feed shall be affixed with a tag bearing the information required on the invoice except date of sale.
If a customer-formula feed contains a non-nutritive substance which is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or which is intended to affect the structure or any function of the animal body, the commissioner or his deputy shall require the label to show the name and amount present, directions for use or warnings against misuse of the feed.
Chapter 128: Section 54. Adulterated feed, defined Section 54. A commercial feed shall be deemed to be adulterated: if (1) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; (2) it bears or contains any added poisonous, added deleterious or added non-nutritive substance which is unsafe within the meaning of section four hundred and six of the Federal Food, Drug and Cosmetic Act, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive; (3) it is, or it bears or contains any food additive which is unsafe within the meaning of section four hundred and nine of the Federal Food, Drug and Cosmetic Act; (4) it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section four hundred and eight of the Federal Food, Drug and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; (5) it bears or contains any color additive which is unsafe, within the meaning of section seven hundred and six of the Federal Food, Drug and Cosmetic Act; (6) any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; (7) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (8) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure the drug meets the requirements of sections fifty-two to sixty-four, inclusive, as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the commissioner or his deputy may adopt the current good manufacturing practice regulations for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in the commonwealth; (9) it contains viable weed seed in amounts exceeding the limits which the commissioner or his deputy shall establish by rule or regulation.
Chapter 128: Section 55. Restrictions on distribution of feed Section 55. No person shall distribute feed if (a) its labeling is false or misleading in any particular manner;(b) it is distributed under the name of another feed;(c) it is not labeled as required in section fifty-three and in regulations promulgated by the commissioner;(d) it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient which does not conform to the definition, if any, prescribed by regulation of the commissioner or his deputy. In the absence of a prescribed definition by the commissioner, conformity to the commonly accepted definitions as those issued by the Association of American Feed Control Officials shall apply;(e) any word, statement, or other information required by or under authority of sections fifty-one through sixty to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Chapter 128: Section 56. Prohibited acts or omissions Section 56. No person shall (a) manufacture or distribute any commercial feed that is adulterated or misbranded;(b) adulterate or misbrand any commercial feed;(c) distribute agricultural commodities which are adulterated within the meaning of section fifty-four;(d) remove or dispose of a commercial feed in violation of an order under section sixty;(e) fail or refuse to register in accordance with section fifty-two;(f) fail to pay registration fees and file reports as required by section fifty-two.
Chapter 128: Section 57. Enforcement of Secs. 52 to 60; prosecution of violations; hearing; notice Section 57. The commissioner and his duly authorized assistants shall have authority to enforce sections fifty-two to sixty, inclusive, and to prosecute all violations thereof. Before any prosecutions by the commissioner or any of his duly authorized assistants, the parties concerned shall be given an opportunity to be heard before the said commissioner or a person designated by him for such purpose. The parties concerned shall be given reasonable notice of hearing specifying the day, hour and place thereof and accompanied by a description of the alleged violation.
Chapter 128: Section 58. Inspection; warrant; obtaining of official samples for analysis and forwarding of results Section 58. The commissioner either in person or his assistants shall have free access at all reasonable hours to each building or other place in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds and to inspect at reasonable times and within reasonable limits and in a reasonable manner such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with section fifty-four.
If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
If the owner of any building, factory, warehouse, or establishment, or his agent, refuses to admit the inspector or his agent, the commissioner or his deputy is authorized to obtain from the court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.
The results of all analyses of official samples shall be forwarded by the commissioner or his deputy to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis the commissioner or his deputy shall furnish to the registrant a portion of the sample concerned.
The commissioner or his deputy in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in section fifty-one and obtained and analyzed as provided in this section.
Chapter 128: Section 59. Methods for collection and delivery of samples for analysis Section 59. Samples for analysis as stipulated in section fifty-eight shall be collected by the commissioner or his duly authorized deputy and shall be delivered to the Massachusetts Agricultural Experiment Station of the University of Massachusetts for analysis according to methods approved by the Association of Official Analytical Chemists or other approved methods.
Chapter 128: Section 6. Lectures and publications Section 6. The commissioner may arrange for lectures before the department, and may issue for general distribution such publications as he considers best adapted to promote the interests of agriculture including, but not limited to, reports, bulletins, special circulars, or otherwise, the results of analysis of commercial fertilizers and feedstuffs made under sections fifty-one to eighty, inclusive of chapter one hundred and twenty-eight.
Chapter 128: Section 60. Withdrawal order; release; condemnation proceedings; seizure; disposition Section 60. When the commissioner or his deputy has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections fifty-two to fifty-eight, inclusive, or of any of the prescribed regulations promulgated thereunder, he, or his deputy may order, in writing, that it be withheld from sale. The commissioner or his deputy may release the lot of commercial feed, or customer-formula feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner or his deputy may begin, or upon request of the distributor shall begin, proceedings for condemnation.
Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner or his deputy to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of sections fifty-two to fifty-eight, inclusive, and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the commonwealth.
Chapter 128: Section 61. Penalties; certified copy of official analysis as prima facie evidence Section 61. Whoever sells, offers or exposes for sale any commercial feed or mixture thereof without complying with the requirements of sections fifty-two to sixty, inclusive, applicable thereto, or in violation of any rule or regulation promulgated thereunder, or whoever falsely marks, or labels any such feed or mixture, or impedes, or obstructs, or hinders the commissioner or any of his duly authorized agents in the discharge of the authority or duties conferred or imposed by any provisions of said section, shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars for the first violation, or not less than one hundred dollars or more than five hundred dollars for a subsequent violation. In all prosecutions involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or his agent shall be accepted as prima facie evidence of the composition.
Chapter 128: Section 62. Publication of pertinent information and data; results of analysis; confidential status Section 62. The commissioner or his deputy may publish annually, in such forms as he may deem proper, information concerning the sales of commercial feeds; together with such data on their production, composition and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the commonwealth as compared with the analyses guaranteed in the registration and on the label; but any information relating to the general business of any applicant or licensee shall be treated by the commissioner as confidential.
Chapter 128: Section 63. Rules and regulations Section 63. The commissioner may prescribe and enforce such rules and regulations relative to the sale of commercial feed as he deems necessary to enforce sections fifty-two to sixty-two, inclusive.
Chapter 128: Section 64. Definitions applicable to Secs. 65 to 83 Section 64. As used in sections sixty-five to eighty-three, inclusive, the following words shall have the following meanings:—“Agricultural lime”, all the various forms of lime intended or sold for fertilizing purposes or neutralizing acidity.
“Available phosphoric acid”, the sum of the water soluble and citric soluble phosphoric acid.
“Brand”, term, design, or trade-mark used in connection with one or several grades of commercial fertilizers.
“Bulk fertilizer”, commercial fertilizer distributed in a nonpackaged form.
“Commercial fertilizer”, any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by regulation of the commissioner.
“Distributor”, any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters or otherwise supplies commercial fertilizers in the commonwealth.
“Fertilizer material”, commercial fertilizer which either contains important quantities of no more than one of the primary plant nutrients; nitrogen, phosphoric acid and potash, or has approximately eighty-five per cent of its plant nutrient content present in the form of a single chemical compound, or is derived from a plant or animal residue or by-product or a natural deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.
“Grade”, the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, provided, however, that fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.
“Guaranteed Analysis”, the minimum percentage of plant nutrients claimed in the following order and form: total nitrogen (N), with the percentage thereof, available phosphoric acid (P2O5), with the percentage thereof, and soluble potash (K2O), with the percentage thereof.
“Gypsum or land plaster”, crude calcium sulphate, and may contain twenty per cent of combined water.
“Investigational allowance”, an allowance for variations inherent for the taking, preparation and analysis of an official sample of commercial fertilizers.
“Label”, the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer, soil conditioner, or agricultural liming material.
“Labeling”, all written, printed or graphic matter upon or accompanying any commercial fertilizer, or advertisements, brochures, posters and television and radio announcements used in promoting the sale of such commercial fertilizers.
“Mixed fertilizer”, commercial fertilizers containing any combination or mixture of fertilizer materials.
“Official sample”, any sample of commercial fertilizer taken by the commissioner or his deputy and designated as “official” by the said commissioner or his deputy.
“Phosphoric acid”, phosphoric anhydride (P2O5).
“Potash”, potassium oxide (K2O).
“Soil conditioner”, any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. Examples of unmanipulated vegetable manures are hay, straw, peat, and leaf mold. Charcoal, sand, pumice, and clay, are unmanipulated natural substances.
Substances sold or offered for sale as soil conditioners must be registered.
“Specialty fertilizer”, commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
“Ton”, means a weight of two thousand pounds avoirdupois.
“Per cent or percentage”, means the per cent by weight.
Chapter 128: Section 65. Plant nutrients or beneficial substances; guarantees; sources; inspection and analysis Section 65. The total phosphoric acid and the degree of fineness of unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphate materials may be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element.
The sources of other nutrients may be required to be stated on the application for registration and may be included as a parenthetical statement on the label.
Other beneficial substances or compounds, determinable by laboratory methods also may be guaranteed by permission of the commissioner with the advice of the director of the agricultural experiment station.
When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the commissioner.
Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds per ton shall be guaranteed when required by regulations.
Chapter 128: Section 66. Licenses to distribute; registration of specialty fertilizers; applications; labels; fees Section 66. No person shall manufacture or distribute in the commonwealth any type of fertilizer, except specialty fertilizers, until a license to distribute has been obtained by the person whose labeling is applied to such fertilizer from the commissioner upon payment of a one hundred and twenty-five dollar license fee. All such licenses expire on the thirty-first day of December of each year. The application for license shall include the name and address of licensee, and this information shall be shown on all labels, pertinent invoices, and bulk storage for fertilizers distributed by the licensee in the commonwealth.
No person shall distribute in the commonwealth a specialty fertilizer, soil conditioner or agricultural liming material until it is registered by the manufacturer or distributor with the commissioner. An application in duplicate, listing each brand and product name of each grade of specialty fertilizer, for each soil conditioner, and for each agricultural liming material shall be made on a form furnished by the commissioner and shall be accompanied with a registration fee of twenty-five dollars. Labels for each product for which a registration application is made shall accompany the application. Upon approval of an application by the commissioner, a copy of the registration shall be furnished the applicant. All registrations expire on the thirty-first day of December each year. An application for registration of specialty fertilizers shall include: name and address of the manufacturer or distributor, the brand and product name, the grade, the guaranteed analysis, and the package sizes for persons that package specialty fertilizers only in containers of ten pounds or less.
Chapter 128: Section 67. Labels; contents Section 67. All commercial fertilizers, soil conditioners, and agricultural liming materials distributed in the commonwealth in containers shall have placed thereon, or affixed to the container, a label setting forth in clearly legible and conspicuous form the information required by the preceding section. The foregoing information in written or printed form shall accompany bulk shipment deliveries and shall be supplied to the purchaser at the time of delivery.
All commercial fertilizers formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the guaranteed analysis, and the name and address of the distributor.
Chapter 128: Section 68. Registration and inspection fees Section 68. There shall be paid to the commissioner for all commercial fertilizers, soil conditioners, and agricultural liming materials distributed in the commonwealth, an inspection fee, set by the commissioner in rules and regulations; provided, however, that sales to manufacturers or exchanges between manufacturers are exempted from said fee on individual packages of commercial fertilizer and agricultural liming materials containing ten pounds or less.
In lieu of the annual registration fee of twenty-five dollars per brand and grade and the prescribed inspection fee there shall be paid on individual packages of specialty fertilizers containing ten pounds or less an annual registration fee and inspection fee of twenty-five dollars for each brand and grade sold or distributed. If specialty fertilizer is sold in packages of ten pounds or less, and in packages of over ten pounds, the annual registration and inspection fee of twenty-five dollars shall apply only to that portion sold in packages of ten pounds or less, and the portion sold in packages of over ten pounds shall be subject to the prescribed inspection fee.
If more than one person is involved in the distribution of a commercial fertilizer, soil conditioner, or agricultural liming material, the last person in possession before distribution to a nonlicensee or to a nonregistrant shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment has been made by a prior distributor.
Chapter 128: Section 69. Statement of tonnage sold; inspection fee; filing; permit to examine books Section 69. Each person who sells, offers or exposes for sale any commercial fertilizer, soil conditioner, or agricultural liming material shall on or before January first and July first of each year file with the commissioner, along with the inspection fee, a statement in such form as he prescribes setting forth the number of net tons of each grade of fertilizer, each registered soil conditioner, and each agricultural liming material, and county in which it was distributed or sold by him to nonlicensees or to nonregistrants in the commonwealth during the preceding six months, together with the permit allowing the commissioner or his authorized deputy to examine the books of the person filing the statement for the purpose of verifying the same. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.
Chapter 128: Section 7. Posters containing extracts of laws; preparation and distribution Section 7. The commissioner shall cause to be printed on durable material, suitable to be affixed to trees or otherwise to be posted in the open air, copies of such extracts from section thirty-six of chapter one hundred and thirty-one and sections one hundred and five, one hundred and thirteen, one hundred and fifteen, one hundred and seventeen, one hundred and twenty-two and one hundred and thirty-one of chapter two hundred and sixty-six as in his opinion will tend to prevent depredations on farm and forest lands, and shall furnish a reasonable number of such copies to any owner or tenant of land, upon application, at a price not less than the cost thereof.
Chapter 128: Section 70. Analysis of fertilizers; inspection and taking of samples; publication of results Section 70. Each commercial fertilizer and brand of commercial fertilizer and each soil conditioner and agricultural liming material sold or offered or exposed for sale shall be subject to analysis by the commissioner or by his duly designated deputy. The commissioner shall cause to be made analyses of said materials sold or exposed for sale in the commonwealth, and he, his inspectors and deputies may enter upon any premises where such material is sold or offered or exposed for sale and take samples for said analyses. Said sampling and analyses shall be done on a random basis and in sufficient quantity to ensure effective analyses within the discretion of the commissioner. Analysis for all fertilizers shall be made by the methods adopted by the Association of Official Analytical Chemists. The said commissioner may publish or cause to be published reports and bulletins, special circulars or otherwise to show the results obtained by chemical analysis, said publications shall contain such additional information in relation to the character, composition, value, and use of the fertilizer analyzed as the commissioner sees fit to include. The results of any analysis made shall be sent by the commissioner to the person named in the printed label of the fertilizer analyzed, at least fifteen days prior to publication of any such results.
Chapter 128: Section 71. Analysis deficiencies; penalties Section 71. If the analysis shall show that a commercial fertilizer is deficient (1) in one or more of its guaranteed primary plant foods (NPK) beyond the investigational allowances as established by regulation or (2) if the overall index value of the fertilizer is below the level established by regulations, a penalty of two times the commercial value of such deficiencies shall be assessed and paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the commissioner to the registrant or licensee, receipts taken therefor and promptly forwarded to the commissioner. If said consumer cannot be found, the amount of the penalty shall be paid to the treasury of the commonwealth. When a commercial fertilizer is subject to a penalty under clauses (1) and (2) the larger penalty shall apply. Deficiencies beyond the investigational allowances in any other constituent which the registrant is required to or may guarantee shall be evaluated and penalties prescribed therefor by the commissioner.
Chapter 128: Section 72. Weight deficiencies; penalty Section 72. If any commercial fertilizer, soil conditioner, or agricultural liming material in the possession of the consumer is found by the commissioner to be short in weight, the licensee or registrant of said product shall within thirty days after official notice from the commissioner pay to the consumer a penalty equal to four times the value of the actual shortage.
Chapter 128: Section 73. Determination and publication of values per unit of certain nutrients in fertilizers Section 73. The commissioner shall determine and publish annually the values per unit of nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in the commonwealth. The value so published shall be used in determining and assessing penalties.
Chapter 128: Section 74. False or misleading labeling; deleterious or harmful ingredients Section 74. No person shall sell, offer, or expose for sale a commercial fertilizer or brand of commercial fertilizer, soil conditioner, or agricultural liming material if its labeling is false or misleading in any particular way, or it is distributed under the name of another product, or it is not labeled as required in section sixty-six and in accordance with rules and regulations as prescribed in section seventy-five or it purports to be or is represented as a commercial fertilizer, or represented as a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations.
No person shall sell, offer or expose for sale a commercial fertilizer or brand of commercial fertilizer if it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life are not shown on the label, or its composition falls below or differs from that which it is purported to possess by its labeling, or it contains unwanted crop seed or weed seed.
Chapter 128: Section 75. Rules and regulations; effectiveness; violations; prosecution, restriction Section 75. The commissioner may prescribe and enforce such rules and regulations as to the sale of commercial fertilizers, soil conditioners, or agricultural liming materials as he deems necessary to enforce sections sixty-four to seventy-eight, inclusive, and may prosecute or cause to be prosecuted any person who violates any provisions of said sections; provided, however, that the effective date of regulations pertaining to “guaranteed analysis” shall be not less than six months following the issuance thereof, and that for a period of two years following the effective date of said regulations the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; and, provided further, that after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade. Regulations prescribed in this section shall contain the accepted definitions and official fertilizer terms issued by the Association of American Plant Food Control Officials. No complaint based upon analysis of samples shall be made if samples are taken otherwise than as provided in section seventy.
Chapter 128: Section 76. Misleading or deceptive practices; violations; refusal or cancellation of certificate Section 76. The commissioner or his authorized deputy may refuse to issue a certificate for any commercial fertilizer, soil conditioner or liming material, name, brand or trade-mark which is untrue in any particular or which in his opinion would be misleading or deceptive in any particular or would tend to mislead or deceive as to the constituents or properties of said fertilizer. If a certificate is issued for said products and it is afterward discovered that the certificate itself, or the granting of it, or the manner of procuring it, was in any respect in violation of any provision of sections sixty-five to seventy-eight, inclusive, the commissioner may cancel the certificate.
Chapter 128: Section 77. Analysis of samples Section 77. Samples for analysis as stipulated in section seventy shall be collected by the commissioner or his duly authorized deputy and shall be delivered to the Massachusetts Agricultural Experiment Station of the University of Massachusetts for analysis according to methods approved by the Association of Official Analytical Chemists or other approved methods.
Chapter 128: Section 78. Nonconforming products; violations; withholding from sale; release; condemnation; seizure; disposal Section 78. When the commissioner or his deputy has reasonable cause to believe any lot of commercial fertilizer, soil conditioner, or agricultural liming material, is being distributed in violation of any of the provisions of sections sixty-five to seventy-eight, inclusive, or of any of the prescribed regulations promulgated thereunder, he, or his deputy may order, in writing, that it be withheld from sale. The commissioner or his deputy may release the lot of said product, so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner or his deputy may begin, or upon request of the distributor shall begin, proceedings for condemnation.
Any lot of commercial fertilizer, soil conditioner, or agricultural liming material not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner or his deputy to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said product to be in violation of sections sixty-five to seventy-eight, inclusive, and orders the condemnation of said product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the commonwealth.
Chapter 128: Section 79. Violations; penalties; official analysis as prima facie evidence Section 79. Whoever sells, offers or exposes for sale any commercial fertilizer or mixture thereof, or any soil conditioner or agricultural liming material, without complying with the requirements of sections sixty-five to seventy-eight, inclusive, applicable thereto, or in violation of any rule or regulation promulgated thereunder, or whoever falsely marks, or labels any such product, or impedes, or obstructs, or hinders the commissioner or any of his duly authorized agents in the discharge of the authority or duties conferred or imposed by any provisions of said section, shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars for the first violation, or not less than one hundred dollars or more than five hundred dollars for a subsequent violation. In all prosecutions involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis signed by the commissioner or his agent shall be accepted as prima facie evidence of the composition.
Chapter 128: Section 7A. Definitions Section 7A. As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:-“Agriculture” and “farming”, as defined in section 1A of chapter 128.
“Arbor”, an area of land devoted to the propagation and cultivation of fruitbearing trees and shrubs, and nut trees.
“Bureau”, the bureau of land use in the division of agricultural development.
“Chief”, the chief of the bureau of land use.
“Elderly persons of low income”, persons who are age 65 or over and whose annual income is less than the amount necessary to enable them to maintain a decent standard of living, except that where there exists a surplus of land appropriate for garden use, the age requirement may be reduced by the director to age 62; but the oldest of the applicants between 62 and 65 shall be given preference.
“Families of low income”, families and persons whose net annual income is less than the amount necessary to enable them to maintain a decent standard of living.
“Farm”, a body of land devoted to agriculture.
“Garden”, a piece of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables.
“Use”, when applied to gardening; to make use of, without conveyance of title or any other ownership.
“Vacant public land”, any land owned by the commonwealth, or any county or municipality therein, that is not in use for public purpose.
Chapter 128: Section 7F. Adoption of rules and regulations Section 7F. The commissioner after a public hearing shall adopt and promulgate rules and regulations in accordance with chapter 30A and consistent with sections 7A to 7E, inclusive of this chapter.
Chapter 128: Section 8. Repealed, 1971, 29 Chapter 128: Section 80. Publication of information Section 80. The commissioner or his deputy may publish annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, soil conditioners, and agricultural liming materials; together with such data on their production, composition and use as he may consider advisable, and a report of the results of the analyses of official samples of said products sold within the commonwealth as compared with the analyses guaranteed in the registration and on the label; but any information relating to the general business of any applicant or licensee shall be treated by the commissioner as confidential.
Chapter 128: Section 81. Minor violations; reporting Section 81. The commissioner or his representative shall not be required to report for prosecution, or for the institution of seizure proceedings if there are minor violations of the preceding sections when he believes that the public interest will be best served by a suitable notice of warning in writing.
Chapter 128: Section 82. Rules and regulations Section 82. The commissioner may prescribe and enforce such rules and regulations relative to the sale of commercial fertilizers, soil conditioners, and agricultural liming materials as he deems necessary to enforce sections sixty-four through eighty-three, inclusive.
Chapter 128: Section 83. Exempt transactions Section 83. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have obtained licenses or registrations as required by the provisions of this chapter.
Chapter 128: Section 84. Definitions Section 84. The following words, as used in sections eighty-four to one hundred and one, inclusive, unless the context otherwise requires, shall have the following meanings:—“Advertisement”, all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of said sections eighty-four to one hundred and one, inclusive.
“Agricultural seeds”, seeds of grass, forage, cereal, mangel beets, and fiber crops and any other kinds of seeds commonly recognized as agricultural, lawn or field seeds, and mixtures of such seeds, including seed potatoes.
“Certified”, “Registered”, “Foundation”, or any other terms conveying similar meaning when referring to seed, seed which has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency.
“Director”, the director of the Massachusetts agricultural experiment station.
“Flower seeds”, seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower seeds.
“Hybrid”, the first generation seed of a cross produced under controlled pollination, the parents of which are each sufficiently uniform to permit repeated production of the hybrid without change in performance.
“Kind”, one or more related species or subspecies which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa or timothy.
“Labeling”, all labels including invoices, or other written, printed or graphic representations, in any form, accompanying and pertaining to any seed whether in bulk or in containers.
“Lot”, a definite quantity of seed which is identified by the same lot number or other mark, each portion or container of which is representative of the whole quantity.
“Noxious-weed seeds”, shall include “Prohibited noxious-weed seeds” and “Restricted noxious-weed seeds”, as hereinafter defined; provided that the commissioner may add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such addition or subtractions are or are not within the respective definitions.
“Officially recognized”, recognized and designated by the laws or regulations of the United States or any state, any province of Canada, or the government of any foreign country in which said seeds were produced.
“Prohibited noxious-weed seeds”, seeds or perennial weeds which not only reproduce by seed, but also spread by underground roots or stems and other reproductive parts and which, when established, are highly destructive and difficult to control by ordinary good cultural practice, including the seed of Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), and quack grass (Agropyron repens).
“Restricted noxious-weed seeds”, seeds of such weeds as are very objectionable in fields, lawns or gardens, but which can be controlled by good cultural practice; including the seeds of dodder (Cuscuta spp.
), horsenettle (Solanum carolinense), wild mustards (Brassica spp.
), limited to India mustard (B. juncea), charlock or wild mustard B. Kaber (B. arvensis), and black mustard (B. nigra), wild garlic and wild onion (Allium spp.
), perennial sowthistle (Sonchus arvensis), corncockle (Agrostemma githago), buckhorn plantain (Plantago lanceolata), wild radish (Raphanus raphanistrum), bedstraw (Galium spp.
) and annual bluegrass (Poa annua).
“Seed potatoes”, Irish potato and parts thereof grown for propagation purposes.
“Seizure”, a legal process carried out by court order against a definite amount of seed.
“Stop sale”, an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.
“Treated”, seed that has received an effective process or application of a substance designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or for which a claim is made.
“Tree and shrub seeds”, seeds of woody plants commonly known and sold as tree or shrub seeds.
“Variety (Cultivar)”, a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it can be differentiated under certain conditions from other plants of the same kind, including hybrid designations.
“Type”, a group of varieties (cultivars) so nearly similar that the individual varieties (cultivars) can not be clearly differentiated except under special conditions.
“Vegetable seeds”, seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds.
“Weed seeds”, the seeds of all plants generally recognized as weeds, including noxious-weed seeds.
The terms “pure seed”, “germination”, and other seed labeling and testing terms in common usage shall be defined as in the “Rules for Testing Seeds” published by the Association of Official Seed Analysts, effective October first, nineteen hundred and seventy, and as subsequently amended.
Chapter 128: Section 85. Sale of seeds; labeling or tagging containers; required information Section 85. Except as otherwise provided in section ninety-two, each container of agricultural, vegetable, flower or tree and shrub seed which is sold, offered for sale or exposed for sale within the commonwealth for sowing purposes shall bear thereon, or have attached thereto in a conspicuous place on one side of a plainly written or printed label or tag, in the English language, the name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within the commonwealth. If said seed has been treated, a separate label may be used, which shall bear thereon a word or statement indicating that the seed has been treated, the commonly accepted coined, chemical or abbreviated chemical name of the applied substance, and, if the substance in the amount present with the seed is harmful to humans or other vertebrate animals, a statement advising caution such as “Do not use for food, feed or oil purposes”. If said seed contains mercurials or similarly toxic substances, a statement or symbol shall indicate that it is poisonous. It shall contain the name and number of each kind of “Restricted Noxious-Weed Seed” per pound when present.
Chapter 128: Section 86. Sale of seeds; labeling or tagging containers; variety or cultivar designation Section 86. Each container of agricultural seeds, including lawn seeding mixtures, shall also bear the commonly accepted name of the kind and variety or cultivar of those kinds which are usually named as to variety or cultivar, as prescribed by rules and regulations, of each seed component in excess of five per cent of the whole and the percentage by weight of each in the order of its predominance. When the variety or cultivar thereof is unknown, the label or tag shall have printed thereon the words “variety unknown”. When more than one component is required to be named, the word “mixture” or “mixed” shall be shown conspicuously on the label. The lot number or other lot identification, the origin, if known, of alfalfa, red clover, white clover, and field corn, except hybrid corn, shall also be shown on such label. If the origin is unknown, that fact shall be stated. The container shall bear thereon the percentage by weight of all weed seeds, the percentage by weight of agricultural seeds other than those required to be named on the label, which shall be designated as “other crop seed”, and the percentage by weight of inert matter. For each agricultural seed named there shall appear, the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present and the calendar month and year the test was completed to determine such percentages.
Chapter 128: Section 87. Vegetable seeds; labeling or tagging containers; required information Section 87. Containers of one pound or less for peas, beans and sweet corn and containers of one-quarter pound or less for all other kinds of vegetable seeds shall also bear, thereon, the date of test or calendar year for which seed is packaged, and the kind and variety or cultivar of seed. For seed that germinates less than the standard last adopted by the director, there shall appear on the containers the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, the calendar month and year the test was completed to determine such percentages, and the words “Below Standard” in not less than eight point type.
Containers of more than one pound for peas, beans and sweet corn and containers of more than one quarter pound for all other kinds of vegetable seeds shall bear the kind and variety of seed, the lot number or other lot identification, the percentage of germination, exclusive of hard seeds the percentage of hard seeds, if present, and the calendar month and year the test was completed to determine such percentages and for seeds germinating less than the standard, the words “Below Standard” in not less than eight point type.
Chapter 128: Section 88. Flower seeds; labeling containers; required information Section 88. For flower seeds the label shall include the name of the kind and variety or cultivar, if any, or a statement of type and performance characteristics as prescribed in regulations. For those having annual, biennial and perennial sorts, or any two of such sorts, a statement shall appear in a conspicuous location on the seed container to indicate whether the seed is of the annual, biennial or perennial sort.
If flower seeds are in packets of the size for use in home flower gardens the label shall contain the date of test or calendar year for which seed is packaged.
For seeds so packaged for which standard testing procedures shall have been adopted, and which germinate less than the standard last adopted by the director and approved by the commissioner under section ninety-eight the label shall contain the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine such percentages and the words “Below Standard” in not less than eight point type.
For flower seeds in containers other than packets of the size prepared for use in home flower gardens there shall appear the lot number or other lot identification.
Seeds so packaged for which standard testing procedures shall have been adopted shall contain the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine such percentages. For seeds germinating less than the standard, there shall appear the words “Below Standard” in not less than eight point type.
Chapter 128: Section 89. Tree and shrub seeds; labeling containers; required information Section 89. For tree and shrub seeds packaged in containers of one quarter pound or more, the label shall contain the kind of seed and variety or cultivar, the percentage by weight of pure seed, the percentage of germination of those kinds for which standard testing procedures have been adopted, the year of harvesting, the date of test or calendar year for which seed is packaged and the origin or specific locality, state and county in the United States or nearest equivalent political unit in the case of foreign countries in which the seed was harvested. If origin is unknown, that fact shall be stated.
Chapter 128: Section 8A. Destruction or control of foxes and rodents; investigations; cooperative arrangements with United States Section 8A. In order to protect the food supplies, agricultural produce, growing crops, live stock, manufactured goods and buildings, and to safeguard the public health, the commissioner may investigate the life and habits of, and may take necessary measures to destroy or to control, foxes, and rats, mice, woodchucks, and such other rodents not protected by law, as may from time to time be determined by him to be detrimental to one or more of such purposes. In performing such duties he may, by himself or by his authorized agent, with the consent of the owner or tenant, enter upon private premises for any of such purposes at any reasonable time. In order to carry out this section, the commissioner may enter into co-operative arrangements with the United States or any agency thereof, with any department, board or commission of this commonwealth or any political subdivision thereof, or with any association, corporation or individual owning, occupying or possessing any property within the commonwealth. Section forty-three of chapter one hundred and thirty-one shall not apply to the destruction of rodents under this section. Nothing herein shall be construed to authorize the destruction or control of foxes by the use of poison.
Chapter 128: Section 8B. Supervision of mink ranches; listing; fee; certificate; penalty Section 8B. Mink that have been propagated in captivity for two or more generations shall be considered domesticated mammals subject to all the laws of the commonwealth with reference to possession, ownership and taxation as are at any time applicable to domesticated animals; such domesticated mink and the pelts or products thereof shall be deemed agricultural products and shall not be subject to the provisions of chapter one hundred and thirty-one. The breeding, raising, producing in captivity and marketing thereof shall be deemed an agricultural pursuit. For the purposes of this section, a mink ranch shall be deemed to be any place where mink as defined by this section are raised and propagated in captivity. Each mink ranch shall be listed with the department on or before February first of each year and the premises and the breeding records may be inspected by the commissioner or his agents at any reasonable time. The fee for such listing shall be $25 annually for which fee a certificate shall be issued by the department of agriculture. Such certificate shall be posted in a conspicuous place on the premises at all times. The burden shall be upon the owner of such a ranch to prove that all mink possessed are domesticated as defined above. Whoever violates any provisions of this section shall be punished by a fine of not more than one hundred dollars.
Chapter 128: Section 9. Establishment of demonstration sheep farms Section 9. The department may establish demonstration sheep farms in such places as may be selected by the commissioner. Such a farm may be established in co-operation with the owner of any farm who is desirous of conducting it in conformity with this and the two following sections.
Chapter 128: Section 90. Sale of seeds; percentage of germination; labeling; false advertisements; noxious weed seeds Section 90. No person shall sell, offer for sale or expose for sale any agricultural, vegetable, flower or tree and shrub seed within the commonwealth unless the test to determine the percentage of germination required by sections eighty-six to eighty-nine, inclusive was completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation. The records of such tests shall be available to the commissioner or his duly authorized assistants for a period of at least one year from date of test. The director may by rules and regulations designate a shorter period for kinds of seed which he finds under ordinary conditions of handling will not maintain during the aforesaid nine-month period, a germination within the established limits of tolerance, or a longer period for any kind of seed which is packaged in such container materials and under conditions such as provided for by hermetically sealed containers, prescribed by the director as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling.
Neither shall seed be sold which is not labeled in accordance with the provisions of sections eighty-four to one hundred and one, inclusive; nor which bears false or misleading labeling; nor pertaining to which there has been a false or misleading advertisement; nor consisting of or containing, “Prohibited noxious weed seeds” nor consisting of or containing “Restricted noxious weed seeds” at a rate per pound in excess of the number declared on the label attached to the container of the seed or associated with the seed, subject to tolerances; nor containing more than one per cent of all weed seeds; nor labeled to use the word “trace” as a substitute for any statement as to quality or percentage which is required; nor shall seed be sold which is so weak or low in germination according to standards adopted by rules and regulations prescribed by the director under the provisions of section ninety-eight as to be unfit for seeding purposes; nor which is represented to be “certified seed”, “registered seed” or “foundation seed” or designated by any other term conveying similar meanings, unless such seed has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency or agencies and bears an official tag or label of such an agency, or which is represented as hybrid seed unless such seed conforms to the definition of hybrid in section eighty-four, except that this provision shall not apply to variety names in common trade usage.
Chapter 128: Section 91. Defacing or destroying labels; false advertising; prohibited sales Section 91. No person within the commonwealth shall detach, alter, deface or destroy any label provided for in said sections eighty-four to one hundred and one, inclusive, or the regulations promulgated thereunder; nor alter or substitute seed, in a manner that may defeat the purpose of said sections; nor disseminate any false or misleading advertisement concerning agricultural, vegetable, flower or tree and shrub seed; nor hinder or obstruct any authorized person in the performance of his duties under said sections eighty-four to one hundred and one, inclusive; nor fail to comply with an official order to withhold from sale certain seeds as provided in section ninety-five; nor move or otherwise handle or dispose of any lot of seed held under a “stop-sale” order or tags attached thereto, except with the written permission of the enforcing officer, and for the purpose specified therein.
No person shall sell, offer or expose for sale any color mixture of a single kind of flower seed representing four or more colors or shades, in which any one color or shade occurs in sixty per cent or more of the plants which the mixture is capable of producing, unless colors or shades and approximate percentage of each is indicated on the label, or sell, offer or expose for sale a mixture of flower seed kinds in which any one kind is present in excess of twenty-five per cent by seed count unless the kinds present and the approximate percentage of each are indicated on the label.
Chapter 128: Section 92. Application of Secs. 85 to 91 Section 92. Sections eighty-five to ninety-one, inclusive, shall neither apply to seed or grain not intended for sowing purposes, nor to seed for sowing purposes in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of seed bears the statement “seeds for processing”, and provided that any labeling or other representation made with respect to the uncleaned or unprocessed seed shall be subject to sections eighty-four to one hundred, inclusive.
Chapter 128: Section 93. Exemption from penalty of Sec. 100; limitations Section 93. No person shall be subject to the penalties of section one hundred for having sold or offered or exposed for sale in the commonwealth any agricultural, vegetable, flower or tree and shrub seeds which were incorrectly labeled or represented as to kind, variety (cultivar) or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower’s declaration or other labeling information giving kind, variety or origin, if required, and to take such other precautions as may be necessary to insure the identity to be that stated.
The labeling requirements for all vegetable and agricultural seeds, including mixtures, flower and tree or shrub seeds shall be considered to have been met if the seed is taken from a properly labeled container in the presence of the purchaser.
Chapter 128: Section 94. Enforcement; prosecutions Section 94. The commissioner and his duly authorized assistants shall have authority to enforce sections eighty-four to one hundred and one, inclusive, and to prosecute all violations thereof. Before any prosecution is begun by said commissioner or any of his duly authorized assistants, the parties concerned shall be given an opportunity to be heard before said commissioner or a person designated by him for such purpose. The parties concerned shall be given reasonable notice of the hearing, specifying the day, hour and place thereof, and accompanied by a description of the alleged violation.
Chapter 128: Section 95. Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale Section 95. The commissioner, either in person or his assistants, shall have free access at all reasonable hours to each building or other place where agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds are stored, sold or offered or exposed for sale, for the purpose of inspection of such seeds, and, upon tendering the market price, may take samples of such agricultural, vegetable, flower or tree and shrub seeds or mixtures thereof for tests and analyses.
Such samples shall be thoroughly mixed and two official samples taken therefrom; each official sample shall be securely sealed. Such official samples shall be submitted by said commissioner or his duly authorized assistants to the director for testing and analyzing. One of such samples shall be held by the director or his duly authorized assistant at the disposal of the person named on the label as the vendor of the seed samples for six months after the results of the analysis have been reported, as provided in section ninety-seven, and the other sample retained by the director or such assistant for analysis.
The commissioner shall co-operate with the United States department of agriculture in seed law enforcement.
The commissioner may order that any agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds, the containers of which he finds are not tagged or labeled as provided in section eighty-five or which do not conform to the statements on the tags or labels attached to the containers thereof, be withheld from sale until properly tagged or labeled or until made to conform to the statements on the tags or labels attached to the containers thereof. Any person aggrieved by such an order may, within ten days after the entry thereof, appeal therefrom by petition to the superior court in the county where he resides or has his usual place of business or in the county of Suffolk. The court shall hear such petition speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such order. Such order shall remain in force until so modified or revoked.
Chapter 128: Section 96. Seizure and condemnation; court proceedings Section 96. Any lot of agricultural, vegetable, flower or tree and shrub seed not in compliance with the provisions of sections eighty-four to one hundred, inclusive, shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the seed is located. If the court finds the seed to be in violation of said sections, and orders the condemnation of such seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of the commonwealth; provided, that the court shall not order such disposition of such seed without first having given the claimant an opportunity to apply to the court for release of such seed or permission to process or relabel it to bring it into compliance with said sections.
Chapter 128: Section 97. Tests and analyses; reports; publication of results Section 97. The director shall cause such tests and analyses as he may specify to be made of samples collected under section ninety-five in order to determine the quality of the seeds contained in such samples. The results of all such analyses shall be reported to the commissioner. To enable the director to determine the trueness to type or variety of vegetable, flower and other seeds, he shall provide that field tests be made of such samples of seeds as he may designate, and may publish the results of all such tests and analyses as are in accordance with the provisions of this section.
Chapter 128: Section 98. Seed germination standards; enforcement Section 98. The director, with the approval of the commissioner, shall, subject to the provisions of chapter thirty A, adopt vegetable seed and flower seed germination standards, prescribe rules and regulations from time-to-time, and in like manner, modify or amend rules and regulations governing the methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower or tree and shrub seed and the tolerances to be followed in the administration of sections eighty-four to one hundred, inclusive, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the efficient enforcement of said sections.
Chapter 128: Section 99. Purity and germination tests; fees; disposition Section 99. Any person residing or doing business in the commonwealth may submit to the director samples of seeds for purity and germination tests subject to such rules and regulations as may be adopted by the director including a reasonable charge or fee for such tests. Receipts under this section shall be paid into the state treasury.
Section 1. Terms used in this chapter shall, unless the context otherwise requires, be construed as follows:—[Definitions of “Breaks” and “Commission” effective until December 31, 2005. See 2001, 139, Sec. 45.
] “Breaks”, in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered.
“Commission”, the state racing commission.
“Racing meeting” shall include every meeting within the commonwealth where horses or dogs are raced and where any form of betting or wagering on the speed or ability of horses or dogs shall be permitted, but shall not include any meeting where no such betting or wagering is permitted even though horses or dogs or their owners, are awarded certificates, ribbons, premiums, purses, prizes or a portion of gate receipts for speed or ability shown.
[Definition of “Race track” effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] “Race track” shall include the track, grounds, auditorium, amphitheatre and/or bleachers, if any, and adjacent places used in connection therewith, where a horse or dog racing meeting may be held; provided, however, that each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall conduct the racing meeting on a race track with a racing strip of not less than 1 mile.
[Definition of “Race track” effective December 31, 2005. For text effective until December 31, 2005, see above.
] “Race track” shall include the track, grounds, auditorium, amphitheatre and/or bleachers, if any, and adjacent places used in connection therewith, where a horse or dog racing meeting may be held.
[Definition of “Rebate” effective until December 31, 2005. See 2001, 139, Sec. 45.
] “Rebate”, money returned, which was not the result of winning a prize from the wagered competition pursuant to this chapter and chapter 128C, to a bettor by a racing meeting licensee based on a percentage of his wager.
“State or county fair” shall mean an agricultural fair or exhibition, the main purpose of which is the encouragement, improvement or extension of agriculture by competitive exhibits of agricultural products, including exhibits described in paragraph (f) of section two of chapter one hundred and twenty-eight, and of varied types of available livestock, with youth participation therein, and the display of agricultural machinery, implements and other improvements of interest to dairy and produce farmers and horticulturists.
citizenship requirement for employees of licensees Section 10. Any licensee permitting any minor to participate in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee shall be punished by a fine of not more than one hundred dollars. At least eighty-five per cent of the persons employed by a licensee at a racing meeting held or conducted by him shall be citizens of the commonwealth and shall have been such citizens for at least two years immediately prior to such employment.
Section 10A. Any commissioner or representative of the commission or any person licensed to conduct a horse or dog racing meeting, including racing meetings conducted in connection with state or county fairs, shall have the right to refuse admission to or eject from its premises any person whose presence on said premises is detrimental, in the sole judgment of the commissioner or representative of the commission or of said licensee, to the proper and orderly conduct of a racing meeting. Any person who has been notified by any commissioner or representative of the commission or a licensee of a racing meeting not to enter or attempt to enter its premises and who thereafter, without the express approval of any commissioner or representative of the commission or the licensee, enters or attempts to enter such premises while a racing meeting is being conducted therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. Any person so excluded by any commissioner or representative of the commission or by a licensee shall have a right of appeal to the commission. The commission shall hold a hearing within ten days after any such person requests an appeal and may after such hearing by vote allow such person admission to such meeting.
publishing pari-mutuel betting tickets Section 10B. Whoever, with intent to defraud, falsely makes, alters or forges a pari-mutuel betting ticket issued under the provisions of section five, or whoever, with intent to defraud, utters and publishes as true a false, forged or altered pari-mutuel betting ticket issued under the provisions of said section five, knowing the same to be false, forged or altered, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than five years or in a jail for not more than two years.
license Section 11. The commission shall have full discretion to refuse to grant a license to any applicant for a license or to suspend or revoke the license of any licensee. If any license is suspended or revoked, the commission shall make a record of its reasons for doing so and such record shall be made available to any person requesting to inspect the same.
approval Section 11C. Except in the case of a publicly held corporation, no person, firm, partnership, trust, association or corporation who has been granted a license to conduct a horse or dog racing meeting, or an officer, director or the beneficial owner of ten per cent or more of the stock of a corporation holding such a license, shall sell, transfer, convey or cause to be transferred, singly or in concert with others, more than ten per cent of the value or stock of the facility or corporation so licensed without first obtaining the written approval of the commission.
The commission shall approve such sale, transfer or conveyance unless it finds that the consideration therefor is (i) inadequate or (ii) without good cause, (iii) that the sale or transfer results in an undesirable concentration of ownership of racing facilities within the commonwealth, or (iv) that the sale or transfer has an adverse impact upon the integrity of the racing industry. A publicly held corporation, shall, prior to the sale, transfer or conveyance of more than ten per cent of the stock of the corporation, file notice of such action with the commission. A copy of any filing required by state or federal securities law regarding notice of such sale, transfer or conveyance shall be simultaneously filed with the commission. The commission shall have the same rights as to transferees as it would have with respect to original applicants for licensure.
Section 12. No person shall hold or conduct, or assist, aid or abet in holding or conducting, any horse or dog racing meeting within the commonwealth unless such person shall comply with the provisions of this chapter.
Any person holding or conducting or any person aiding or abetting in holding or conducting, any horse or dog racing meeting within the commonwealth in violation of any of the provisions of this chapter shall, unless some other penalty for such violation is provided in this chapter, be punished for each such offence by a fine of not more than ten thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this section, each day on which any horse or dog racing meeting shall be held or conducted in violation of any of the provisions of this chapter shall be considered a separate and distinct offence.
except as permitted by chapter Section 13. Any person making a handbook, at any race track within the commonwealth, or holding or conducting a gambling pool or managing any other type of wagering or betting on the results of any horse or dog race, or aiding or abetting any of the foregoing types of wagering or betting, except as permitted by this chapter, shall for a first offence be punished by a fine of not more than two thousand dollars and imprisonment for not more than one year, and for a subsequent offence by a fine of not more than ten thousand dollars and imprisonment for not more than two years. Any jockey, trainer or owner of horses participating in horse or dog racing, if found guilty by the commission of unfair riding or crooked tactics, may be barred or suspended from further participation in racing throughout the commonwealth.
meetings; exception; approval of locations Section 13A. The provisions of section one hundred and eighty-one of chapter one hundred and forty and the provisions of said chapter relative to the powers and duties of dog officers and of sections thirty-one, thirty-three and thirty-four of chapter two hundred and seventy-one, and of chapter four hundred and ninety-four of the acts of nineteen hundred and eight, shall not apply to race tracks or racing meetings laid out and conducted by licensees under this chapter or to animals eligible to race at such meetings; except that no license shall be granted by the commission for a racing meeting in any city or town, except in connection with a state or county fair, unless the location of the race track where such meeting is to be held or conducted has been once approved by the mayor and city council or the town council or the selectmen as provided by said section thirty-three of said chapter two hundred and seventy-one, after a public hearing, seven days’ notice of the time and place of which hearing shall have been given by posting in a conspicuous public place in such city or town and by publication in a newspaper published in such city or town, if there is any published therein, otherwise in a newspaper published in the county wherein such city or town is situated.
The approval of a location by a mayor and city council shall be deemed to be a measure within the provisions of section forty-two of chapter forty-three and the provisions of said sections shall apply to every city; provided, however, that such approval, if not rescinded as provided in said sections, shall be submitted to the voters of the city at a special election which shall be called by the city council and shall be held within forty-five days of the filing of the petition protesting such approval taking effect.
The approval of a location by a town council, in a town having a town council, and by the selectmen in any other town, upon petition of twelve per cent of the voters of the town filed with the town clerk protesting against such approval taking effect shall be suspended from taking effect and the town council or the selectmen, as the case may be, shall immediately reconsider such approval, and if such approval is not rescinded, the question of such approval shall be submitted to the voters of the town at a special election which shall be called by the selectmen or town council, as the case may be, and which shall be held within forty-five days of the submission of said petition. Such approval shall become null and void unless a majority of the voters voting on the same at said election vote in the affirmative.
Section 13B. No person shall administer or cause to be administered any drug, internally or externally by injection, drench or otherwise, to any horse or dog for the purpose of retarding, stimulating or in any other manner affecting the speed of such horse or dog in or in connection with a race conducted under the provisions of this chapter. Whoever violates this section shall be punished by a fine of five thousand dollars or by imprisonment for one year, or both.
affect result of race Section 13C. No person shall influence, induce or conspire or connive with, or attempt so to do, any owner, trainer, jockey, agent, driver, groom or other person associated with or interested in or having charge of or access to any horse or dog entered or to be entered in a race for the purpose of fraudulently affecting the ultimate result of such race. Whoever violates this section shall be punished by a fine of not less than one hundred nor more than three thousand dollars or by imprisonment for not more than one year, or both.
county Section 14. Licenses shall not be granted under this chapter for the holding or conducting of any horse racing meeting or any dog racing meeting within any county unless a majority of the registered voters of such county voting on the following described questions relative to granting such licenses when said questions were last submitted to them have voted in the affirmative.
The state secretary shall, if there has been filed with said secretary, not later than the sixtieth day before the biennial state election at which such subdivision is to be submitted, petitions, the forms of which may be obtained from said secretary, signed by registered voters of such county, the total of which are equal in number to at least ten per cent of the total number of registered voters in said county, cause to be placed on the official ballot to be used in the cities and towns at biennial state elections, commencing in the year nineteen hundred and seventy-eight, the following subdivided questions:A. Shall the pari-mutuel system of betting on licensed horse races be permitted in this county. B. Shall the pari-mutuel system of betting on licensed dog races be permitted in this county. If a majority of the votes cast in a county in answer to subdivision A is in the affirmative, such county shall be taken to have authorized the licensing of horse races therein at which the pari-mutuel system of betting shall be permitted.
If a majority of the votes cast in a county in answer to subdivision B is in the affirmative, such county shall be taken to have authorized the licensing of dog races therein at which the pari-mutuel system of betting shall be permitted.
county Section 14B. Except as hereinafter provided, the state secretary shall, in addition to subdivisions A and B of the subdivided question provided for in section fourteen, cause to be placed on the official ballot to be used in the cities and towns of Berkshire county at the biennial state election in the year nineteen hundred and fifty-four, and every fourth year thereafter, the following subdivided question:—C. Shall the pari-mutuel system of betting on licensed horse races at county fairs be permitted in this county. If a majority of the votes cast in Berkshire county in answer to subdivision C are in the affirmative, said county shall be taken to have authorized the licensing of horse races at county fairs therein at which the pari-mutuel system of betting shall be permitted.
The state secretary shall not cause the foregoing question to be placed on the ballot at any biennial state election if the voters in said county in response to said question have voted in the affirmative four consecutive times or in the negative four consecutive times, unless there has been filed with said secretary not later than the sixtieth day before the election at which the question is to be submitted, petitions, the forms of which may be obtained from said secretary, signed by registered voters of said county the total of which are equal in number to at least ten per cent of the total number of registered voters in said county. Such petitions shall be subject to the provisions of chapter fifty-three relative to initiative petitions.
county Section 14C. Except as hereinafter provided, the state secretary shall, in addition to subdivisions A and B of the subdivided question provided for in section fourteen, cause to be placed on the official ballot to be used in the cities and towns of Hampshire county at the biennial state election in the year nineteen hundred and fifty-eight and every fourth year thereafter, the following subdivided question:—C. Shall the pari-mutuel system of betting on licensed horse races at county fairs be permitted in this county. If a majority of the votes cast in Hampshire county in answer to subdivision C are in the affirmative, said county shall be taken to have authorized the licensing of horse races at county fairs therein at which the pari-mutuel system of betting shall be permitted.
The state secretary shall not cause the foregoing question to be placed on the ballot at any biennial state election if the voters in said county in response to said question have voted in the affirmative four consecutive times or in the negative four consecutive times, unless there has been filed with said secretary not later than the sixtieth day before the election at which the question is to be submitted, petitions, the forms of which may be obtained from said secretary, signed by registered voters of said county the total of which are equal in number to at least ten per cent of the total number of registered voters in said county. Such petitions shall be subject to the provisions of chapter fifty-three relative to initiative petitions.
Section 14D. A certified copy of the results of a vote on a question submitted to the voters of a political subdivision, in accordance with the provisions of this chapter, relative to granting a license for a horse or dog racing meeting or horse or dog races at fairs, shall be sent by the state secretary, or by the city or town clerk in the case of a vote by a city or town, to the commission, within ninety days after the election.
application [Introductory paragraph of first paragraph effective until December 31, 2005. For text effective December 31, 2005, see below.
] Section 2. Any person desiring to hold or conduct a horse or dog racing meeting within the commonwealth shall make an application to the state racing commission for a license so to do. Such application shall state[Introductory paragraph of first paragraph effective December 31, 2005. See 2001, 139, Sec. 45. For text effective until December 31, 2005, see above.
] Any person desiring to hold or conduct a horse or dog racing meeting within the commonwealth shall make an application to the state racing commission, hereinafter called the commission, for a license so to do. Such application shall state(1) The name of the applicant.
(2) The post office address of the applicant, and if a corporation, the name of the state under the laws of which it is incorporated, the location of its principal place of business and the names and addresses of its directors and stockholders.
(3) The location of the race track where it is proposed to hold or conduct such meeting.
(4) The days on which it is intended to hold or conduct such a meeting.
(5) The hours of each day between which it is intended to hold or conduct racing at such meeting, which hours shall be not before ten o’clock ante meridian for horse racing and not before seven o’clock post meridian for dog racing except as provided for in section three, nor later than seven o’clock post meridian for running horse racing nor later than twelve o’clock midnight for harness horse racing and dog racing.
(6) Answers to such other questions as the commission may prescribe, and(7) That the applicant will comply, in case such license be issued, with all applicable laws and with all applicable rules and regulations prescribed by the commission.
Such application shall be filed with the commission on or before the first day of October of the calendar year preceding the calendar year for which application requests a license to be issued under this chapter; and the commission shall grant or dismiss such application not later than the fifteenth day of November next following; provided, however, that a supplementary application by a licensee for a subsequent license in the calendar year for which a license had theretofore been issued to such licensee and relating to the same premises as were specified in the previously issued license, and supplementary applications by a licensee for additional licenses under section four, may be filed with the commission at any time prior to the expiration of said calendar year for which a license had theretofore been issued to said licensee; and the commission shall grant or dismiss such applications within thirty days of the date of filing. Such applications shall be signed and sworn to, if made by an individual, by such individual; if made by two or more individuals or a partnership, by one of such individuals or by a member of such partnership, as the case may be, if made by a trust, by a trustee of such trust, and, if made by an association or corporation, by the president or vice president thereof. The commission may prescribe forms to be used in making such applications.
With such application there shall be delivered to the commission a certified check or bank draft, payable to the commission, weekly in advance for the full amount of the license fee required by this chapter.
recording Section 3. If any application for a license, filed as provided by section two, shall be in accordance with the provisions of this chapter, the commission, after reasonable notice and a public hearing in the city or town wherein the license is to be exercised, may issue a license to the applicant to conduct a racing meeting, in accordance with the provisions of this chapter, at the race track specified in such application; provided, that if the commission has already taken action on an application for any calendar year, after such notice and public hearing, no other public hearing need be held on any other application from the same applicant relating to the same premises filed prior to the expiration of said year; and provided, further, that on an application for a license to conduct a horse or dog racing meeting in connection with a state or county fair the applicant shall show a certificate from the commissioner of food and agriculture that (1) such fair is a state or county fair as defined in section one, (2) such fair has been operating for each of the five consecutive years immediately preceding the date of filing such application and had received for each of said five consecutive years assistance from the agricultural purposes fund, (3) such fair is properly qualified as hereinafter in this paragraph provided and (4) the location where such racing meeting is to be held is annually approved by him and by the board of agriculture; and provided, further, that on an application for a license to conduct a horse or dog racing meeting in connection with a state or county fair by an applicant to whom a prior license to conduct such a racing meeting at the race track specified in said application has been granted by the commission, no hearing need be held, unless a request, signed by at least one per cent of the registered voters of the city or town in which the track is located, is filed with the commission not later than thirty days following the granting of said license. In determining whether a fair is properly qualified under this paragraph, the commissioner of food and agriculture shall consider the number of days such fair has operated each previous year, the area of the land used for fair purposes, the number of entries in agricultural show events in previous years, the number and value of prizes offered in such events and whether or not the granting of a racing license would tend to promote the agricultural purposes of the fair.
Such license shall state—(1) The name of the person to whom the same is issued,(2) The location of the race track where the racing meeting thereby authorized is to be held,(3) The days on which such meeting may be held or conducted,(4) The hours of each day between which racing may take place at such meeting, and(5) That the required license fee has been received by the commission.
No license shall be issued which would permit a racing meeting to be held or conducted except under the following conditions:[Clauses (a) through (q) of third paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] (a) No license shall be issued for more than an aggregate of 200 days in any 1 year at all running horse racing meetings combined, not including running horse racing meetings held in connection with state or county fairs; provided, however, that up to 200 days may be awarded in Suffolk county only.
(b) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all harness horse racing meetings combined, including harness horse racing meetings at state or county fairs; provided, however, that up to 200 days may be awarded in Norfolk county only.
(c) No license shall be issued for more than an aggregate of 1,190 racing days in any 1 year at all dog racing meetings combined, excluding dog racing meetings conducted at a race track owned and operated by a state or county fair in Essex county; provided, however, that 210 days may be awarded only for racing in Hampden county during the period between April 15 and October 21, and 520 of the remaining days may be awarded only in Bristol county; provided, further, that the remaining 460 days may be awarded only in Suffolk county; provided, further, that up to 60 additional days may, in the discretion of the commission, be awarded only in Suffolk county; provided, further, that, in addition to the total number of racing days provided above, the commission may issue a license for an additional 60 days of racing in Bristol county.
(d) Licenses shall permit racing meetings only between the hours of 10:00 a.
m. and 12:00 midnight. The commission shall grant authorized dates at such times that are consistent with the best interests of racing and the public; provided, however, that dates for racing meetings held in connection with a state or county fair may only be awarded during the period between June 15 and October 15. The commission may, in its discretion, on written application from a racing licensee made at least 7 days prior to the date of any proposed change of time stated in the racing license and without necessity for further public hearing, change the hours of conducting such racing meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license; provided, however, that, if by reason of state or national emergency, night illumination is forbidden by public authority, then the commission may, in its discretion, issue a license to permit racing at such hours as the commission shall determine between the hours of 10:00 a. m. and 12:00 midnight. For the purpose of imposing the fee provided for in section 4, computing the sums payable to the commission pursuant to section 5 and counting the number of days authorized by clauses (a), (b) and (c), any racing meeting held after 7:00 p.
m. on the same day on which a racing meeting is held at the same race track prior to 7:00 p.
m. shall be considered a separate day of racing.
(e) No license shall be issued to permit running horse racing meetings to be held or conducted, except in connection with a state or county fair, at the same time of day at more than 1 race track within the commonwealth unless the race tracks are more than 75 miles apart; provided that, no license shall be issued to permit a running horse racing meeting to be held at a racing strip of less than 1 mile, except for a racing meeting in connection with a state or county fair; provided, however, that, in no case, shall more than 2 licenses be issued for meetings to be held or conducted at the same time of day.
(f) No license shall be issued to permit harness horse racing meetings to be held or conducted, except in connection with a state or county fair, at the same time of day at more than 1 race track within the commonwealth unless the race tracks are more than 75 miles apart; provided, however, that, in no case, shall more than 2 licenses be issued for meetings to be held or conducted at the same time of day.
(g) No licenses shall be issued to permit dog racing meetings to be held or conducted at more than 4 race tracks within the commonwealth, excluding dog racing meetings held in connection with a state or county fair at a race track owned and operated by the fair, nor at any location where racing has not been conducted for at least 5 years prior to November 15, 2001 and where the surrounding property is substantially of a residential character, as determined or defined by a zoning ordinance or by-law, if any, controlling such location; provided, however, that 1 license may be issued only for racing in Hampden county; provided, further, that any license issued in Bristol county shall require that racing be held or conducted at a single location which has winterized spectator areas and which has a heated racing surface, if the applicants for the licenses agree that races shall be held or conducted at a single location.
(h) No license shall be issued to any person who is in any way in default, under the provisions of this chapter, in the performance of any obligation or in the payment of any debt to the commission; provided, however, that no license shall be issued to any person who has, within 10 years of the time of filing the application for the license, been convicted of violating section 5.
(i) In granting authorized dates under this section, the commission shall take into consideration, in addition to any other appropriate and pertinent factors, the following: the financial ability of an applicant to operate a race track; the maximization of state revenues; the suitability of racing facilities for operation at the time of the year for which dates are assigned; the circumstance that large groups of spectators require safe and convenient facilities; the interest of members of the public in racing competition honestly managed and of good quality; the necessity of having and maintaining proper physical facilities for racing meetings and the necessity of according fair treatment to the economic interest and investments of those who in good faith have provided and maintain such facilities. Notwithstanding the foregoing provisions of this section, the racing commission shall have the right to review and reconsider without further notice or public hearing any application made prior to October 1 for which racing dates have been requested for the following year; provided that the application has had a public hearing prior to November 15; and provided, further, that any applicant who has been denied these racing dates makes a written request for review and reconsideration within 90 days of receiving notice of the denial; and provided further, that the commission shall reconsider and review the request within 180 days of the denial.
(j) No licenses shall be issued to permit dog racing meetings to be held or conducted, except in connection with a state or county fair, at the same time at more than 1 race track within the same county or within 25 miles of another dog race track, nor at any time at more than 4 race tracks within the commonwealth, nor at a dog race track having a racing strip of less than 3/16 of a mile for outdoor tracks and 1/5 of a mile for indoor tracks.
(k) No license shall be transferable, except with the approval of the commission.
(l) No license shall be issued to permit horse or dog racing meetings to be held on premises owned by the commonwealth or any political subdivision thereof.
(m) No license shall be issued to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture if the racing meeting is to be conducted at a race track located outside the county, or any county bordering thereon, where the licensee conducted its fair prior to December 31, 1961.
(n) No license shall be issued to any person to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture under the reduced license fee provided in section 4, unless the applicant shall first satisfy the commission that the main purpose of the fair or exhibition is the encouragement or extension of agriculture and that the same constitutes a bona fide exhibition of that character. No license shall be issued to a person to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture for more than 15 days in a calendar year.
(o) No license shall be issued unless the person applying therefor shall have executed and delivered to the commission a bond payable to the commission in the amount of $125,000 with a surety or sureties approved by the commission conditioned upon the payment of all sums which may become payable to the commission under this chapter; provided, however, that the amount of such bond, in the case of any person holding or conducting a racing meeting in connection with a state or county fair, shall be $25,000.
(p) Every license shall be recorded in the office of the clerk of the city or town in which the racing meeting is held or conducted at a time not less than 5 days before the first day of the meeting or forthwith upon the issuance of the license if the same shall be issued after that time. After the license is so recorded, a duly certified copy thereof shall forthwith be conspicuously displayed and shall be kept so displayed continuously during the racing meeting in the principal business office at the race track where the meeting is held and at all reasonable times shall be exhibited to any person requesting to see the same.
(q) Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
[Clauses (a) through (q) of third paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] (a) Such a meeting may be held or conducted on a weekday or weekdays or on a Sunday or Sundays.
(b) Such a meeting as may be for running horses shall be between the hours of ten o’clock ante meridian and seven o’clock post meridian. Such a meeting as may be for harness horses may be between twelve o’clock noon and seven o’clock post meridian or between seven o’clock post meridian and twelve o’clock midnight; provided, however, that the commission may, in its discretion, on written application from a harness horse racing licensee made at least seven days prior to the date or dates of any proposed change of time stated in said harness horse racing license and without necessity for any further public hearing, change the hours of conducting such harness horse race meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license.
(c) Dog racing at such meeting may be between the hours of seven o’clock post meridian and twelve o’clock midnight only; provided, that if by reason of national emergency night illumination is forbidden by public authority, then the commission may, in its discretion, issue a license to permit dog racing at such hours as said commission may determine, between the hours of twelve o’clock noon and twelve o’clock midnight. In addition to the foregoing, the commission may, in its discretion, issue to any licensee licensed for dog racing in other periods of the year a license for a dog racing meeting between the hours of twelve o’clock noon and seven o’clock post meridian, provided that no such license shall be issued for any day on which a dog racing meeting is to be held in the same location after seven o’clock post meridian. Such dog racing meeting shall hereinafter be referred to as matinee dog racing. Said meeting shall be considered a separate day of racing for the purpose of imposing the fee provided for in section four, for the purpose of computing the sums payable to the commission pursuant to section five, and for purposes of clause (g) of section three.
[There is no clause (d).
] (e) Such dog racing meetings may be held only between the first day of April and the thirtieth day of November, both dates inclusive, in any year; provided, however, that matinee dog racing dates, as defined in clause (c) of this section, may only be awarded between the sixth day of July and the nineteenth day of September, both dates inclusive, in any one year.
(f) No license shall be issued for more than an aggregate of two hundred race days in any one year at all running horse racing meetings combined, not including running horse racing meetings held or conducted at state or county fairs.
(g) No licenses shall be issued for more than three hundred and thirty-five days in any one year nor for more than two hundred and ten racing days in any one county at all dog racing meetings combined, not including dog racing meetings at state and county fairs; provided, however, that not more than two hundred and seventy-five such racing days in any one year nor more than one hundred and fifty racing days in any one county shall be issued for all dog racing meetings combined which are held between the hours of seven o’clock post meridian and twelve o’clock midnight, not including dog racing meetings at state and county fairs; and not more than sixty such racing days may be awarded for all dog racing meetings combined conducted between the hours of twelve o’clock noon and seven o’clock post meridian.
(h) No licenses shall be issued to permit running horse racing meetings to be held or conducted, except in connection with a state or county fair, at the same time at more than one race track within the commonwealth, nor at any time at a race track located within fifty miles of another race track within the commonwealth, one mile or more in circumference; provided, that licenses may be issued to permit such meetings to be held or conducted at the same time at not more than two race tracks if such tracks are seventy-five miles apart.
(i) No licenses shall be issued to permit dog racing meetings to be held or conducted, except in connection with a state or county fair, at the same time at more than one race track within the same county or within twenty-five miles of another dog race track, nor at any time at more than three race tracks within the commonwealth, nor at a dog race track having a racing strip of less than three sixteenths of a mile for outdoor tracks and one fifth of a mile for indoor tracks.
(j) No licenses shall be issued for more than an aggregate of two hundred and twenty-four racing days in any one year at the harness horse racing meetings combined; not including harness horse racing meetings at state or county fairs; provided, however, that sixty such racing days may only be awarded for racing in Hampden, Hampshire or Franklin counties; and provided, further, that of the remaining one hundred and sixty-four days, not less than one hundred and four racing days shall be held during the months of January, February, March and December in any calendar year.
No license shall be issued to permit harness horse racing meetings to be held at the same time that a dog racing meeting or a running horse racing meeting is being held at a race track within ten miles of the track at which such harness horse racing meeting is to be held. Except for harness horse racing meetings at state or county fairs, no license shall be issued to permit harness horse racing meetings to be held or conducted at the same time within twenty-five miles of another harness horse racing meeting.
(k) No license shall be issued to any person who is in any way in default, under the provisions of this chapter, in the performance of any obligation or in the payment of any debt to the commission.
(l) No license shall be issued to any person who has, within ten years of the time of filing the application for such license, been convicted of violating the provisions of section five of this chapter in retaining more than twelve and fifteen per cent, plus any additional amount that may be required by law, of sums deposited by patrons as wagers at a horse or dog racing meeting plus breaks, as defined in said section.
(m) No license shall be transferable, except with the approval of the commission.
(n) No licenses shall be issued to permit horse or dog racing meetings to be held on premises owned by the commonwealth or any political subdivision thereof.
(o) No licenses shall be issued to permit dog racing meetings to be held or conducted in any location where the surrounding property is substantially of a residential character, as determined by or defined by a zoning ordinance or by-law, if any, controlling such location.
[There is no clause (p).
] (q) No license shall be issued to hold or conduct a horse or dog racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture if said racing meeting is to be conducted at a race track located outside of the county, or any county bordering thereon, where said licensee conducted its fair prior to December thirty-first, nineteen hundred and sixty-one.
[Fourth through seventh paragraphs effective December 31, 2005. See 2001, 139, Sec. 45.
] No license shall be issued to any person to hold or conduct a horse or dog racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture, under the reduced license fee provided in section four, unless the applicant shall first satisfy the commission that the main purpose of such fair or exhibition is the encouragement or extension of agriculture and that the same constitutes a bona fide exhibition of that character. No such license shall be issued to any person to hold or conduct such a horse or dog racing meeting for more than ten days in any calendar year.
No license shall be issued unless the person applying therefor shall have executed and delivered to the commission a bond, payable to the commission in the amount of one hundred and twenty-five thousand dollars, with a surety or sureties approved by the commission conditioned upon the payment of all sums which may become payable to the commission under this chapter; provided that the amount of such bond, in the case of any person holding or conducting a racing meeting in connection with a state or county fair shall be twenty-five thousand dollars.
Every license shall be recorded in the office of the clerk of the city or town in which such racing meeting is held or conducted at a time not less than five days before the first day of such meeting or forthwith upon the issuance of such license if the same shall be issued after such time. After such license is so recorded, a duly certified copy thereof shall forthwith be conspicuously displayed and shall be kept so displayed continuously during said racing meeting in the principal business office at the race track where such meeting is held and at all reasonable times shall be exhibited to any person requesting to see the same.
Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
Section 4. The fee for the license provided for in section three shall be three hundred dollars or three-fourths of one-tenth of one per cent of the average daily handle of the previous calendar year for each day of any running horse, harness horse or dog racing meeting, whichever is the greater amount; provided, however, that a reduced fee, applicable to a license to any person holding or conducting a horse or dog racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture, shall not exceed one hundred dollars for each day of such horse or dog racing meeting.
If for any reason or cause, beyond the control of and through no fault or neglect of any licensee and while such licensee is not in default, it should become impossible or impracticable to conduct racing upon any day or successive days specified in a license issued by the commission, the commission at the request of the licensee may, and upon proper showing shall, request the state treasurer to refund to the licensee an amount equal to the license fees paid for days on which such licensee does not hold or conduct a racing meeting under the terms of the license issued for such purpose. Upon receipt of such request, the state treasurer shall forthwith pay such amount to such licensee. The commission may, upon application of any such licensee, and upon the payment of the required license fees, grant an additional license for not more than the number of days on which it was impossible or impracticable to conduct racing, which days shall not be counted in the aggregate of racing days permitted by paragraphs (f), (g) and (j) of section three. The decision of the commission as to such impossibility or impracticability shall be final.
No license fee for the privilege of holding or conducting a horse or dog racing meeting, or for any other purpose peculiarly incidental to the holding or conducting of such a meeting, shall be imposed upon or collected from such a licensee by any city or town.
licensee’s duties [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 5. (a) Before holding or conducting a racing meeting, every licensee shall provide a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses or dogs performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upon such races so conducted shall not under any circumstances be held or construed to be unlawful, notwithstanding any general or special law to the contrary. Such place or places shall be equipped with automatic betting machines capable of accurate and speedy determination of awards or dividends to winning patrons, and all such awards or dividends shall be calculated by a totalisator machine or like machine, except at state or county fairs.
(b) No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except horse and dog races at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to wagering authorized pursuant to chapter 128C nor to account wagering authorized pursuant to section 5C.
(c) Each licensee conducting a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Each licensee shall:—(1) pay to the commission on the day following each day of such running horse racing meeting a sum equal to 0.
75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.
5 per cent from the 19 per cent withheld and a sum equal to 9.
5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C;(4) pay into a trust fund known as the Running Horse Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 0.
25 per cent to be paid from the 19 per cent and 26 per cent withheld from the total amount wagered by patrons so wagering;(5) pay the total sum of the breaks annually into the trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of said trust;(6) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.
5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (6), inclusive.
(d) Each licensee conducting a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 harness horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each such licensee, including a licensee holding a harness horse racing meeting in connection with a state or county fair, shall:(1) pay to the commission on the day following each day of such harness horse racing meeting, excluding races conducted in connection with a state or county fair, a sum equal to 0.
75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent withheld from the straight wagers or 26 per cent withheld from the exotic wagers as provided pursuant to this section;(2) pay to the Massachusetts Standardbred Breeders program established pursuant to subsection (j) of section 2 of chapter 128, on the day following each day of the harness horse racing meeting a sum equal to 0.
5 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld from the straight wagers and a sum equal to 1.
5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from the exotic wagers; the monies to be used for the purposes of said subsection (j) of said section 2 of said chapter 128;(3) allocate from the total amount deposited daily by the patrons wagering at such meeting a sum equal to 8 per cent from the 19 per cent withheld and a sum equal to 10 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting harness horse racing meetings; the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C;(4) pay into a trust fund known as the Harness Horse Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 1 per cent to be paid from the 26 per cent withheld from the total amount wagered by patrons so wagering on exotic races; and(5) pay the total sum of the breaks and a sum equal to 1 per cent of the total amount of the exotic wagers into the trust fund known as the Harness Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust.
Each licensee may retain as its commission on the total of all sums deposited, a sum not exceeding the balance of the 19 per cent withheld from the straight wagers or the 26 per cent withheld from the exotic wagers as provided in this section less the amounts required to be paid pursuant to clauses (1) to (5), inclusive.
(e) Notwithstanding any general or special law to the contrary, each licensee conducting a greyhound racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 or more greyhounds in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and an amount not to exceed 19 per cent of the total amount deposited by patrons wagering on the speed or ability of any 1 greyhound, also known as a straight wager, and an amount not to exceed 26 per cent of the total amount deposited by patrons wagering on the speed or ability of a combination of more than 1 greyhound in a single pool, also known as an exotic wager. Each licensee, other than a licensee holding a racing meeting in connection with a state or county fair, shall:—(1) pay to the state racing commission, on the day following each day of such greyhound racing meeting, a sum equal to 5 per cent to be taken from the 19 per cent withheld from the straight wagers and a sum equal to 5 per cent to be taken from the 26 per cent withheld from the exotic wagers; provided, however, that a sum equal to 0.
1 per cent of the total amount deposited by patrons wagering on the speed or ability of greyhounds at pari-mutuel greyhound tracks, not to exceed $300,000 per annum, less the breaks, shall be taken from the 5 per cent paid daily to the commission pursuant to this clause and shall, subject to appropriation, be allocated to the Massachusetts greyhound breeding program established pursuant to subsection (i) of section 2 of chapter 128;(2) allocate from the total amount deposited daily by the patrons wagering at a meeting a sum equal to 5 per cent from the 19 per cent withheld from the straight wagers and a sum equal to 5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to greyhound owners in accordance with the rules and established customs of conducting greyhound racing meetings, and in addition to any monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C; provided, however, that the licensee may allocate an additional sum, as negotiated by said licensee and approved by the racing commission, of the take-out exceeding 19 per cent; provided, further, that each such licensee shall retain the total sum of the breaks.
(3) pay daily into a trust fund known as the Greyhound Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 0.
5 per cent from the 19 per cent withheld from the straight wagers and a sum equal to 0.
5 per cent from the 26 per cent withheld from the exotic wagers; and(4) pay a sum equal to 0.
5 per cent of the total amount wagered by patrons so wagering on straight and exotic wagers to the Greyhound Adoption Trust Fund established under section 65 of chapter 10.
Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (4) inclusive. Notwithstanding any of the foregoing to the contrary, once a licensee has reached the level of the total amount wagered during calendar year 1985, the licensee shall retain daily as its commission a sum not exceeding the balance of the 19 or 26 per cent withheld, as provided in this subsection, from the total amount wagered daily in the current year less the amounts so required to be paid pursuant to said clauses (1) to (4) inclusive.
(f) Each licensee conducting a running horse racing meeting in connection with a state or county fair shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse. Each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each licensee shall:(1) pay to the state racing commission on the day following each day of such running horse racing meeting a sum equal to 0.
75 per cent of the total amount deposited on the preceding day by patrons wagering at the meeting, the percentage to be paid from the 19 per cent and 26 per cent withheld, as provided pursuant to this section, from the total amount wagered on straight wagers and exotic wagers, respectively;(2) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8 per cent from each of the respective 19 per cent withheld and 26 per cent withheld as provided in this subsection to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs for the conduct of running horse racing meetings; and(3) pay a sum equal to 1 per cent of the total handle at the end of its racing schedule to the Massachusetts Thoroughbred Breeders Association, Inc.
; provided, however, that the Association shall utilize the monies to develop a program to support horse racing at agricultural fairs including, but not limited to, owners’ and breeders’ awards for Massachusetts-bred thoroughbreds and provisions to supplement the purses of races or to provide the entire purse for the Massachusetts-bred thoroughbred races.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (3), inclusive.
(g) The state racing commissioners, as they are individuals, shall serve as trustees for the Running Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each established pursuant to section 11 of chapter 494 of the acts of 1978, the Harness Horse Capital Improvement Trust Fund and the Harness Horse Promotional Trust Fund, each established pursuant to section 12 of said chapter 494, and the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established pursuant to section 12A of said chapter 494.
The trustees may expend without appropriation all or any part of the capital improvement trust funds to the appropriate track licensee in proportion to the amount deposited in each said fund by the track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by the licensee and used by it for the conduct of racing, but not for the cost of maintenance or of other ordinary operations, whether the costs have been incurred or not. The trustees may expend without appropriation all or any part of the promotional trust funds to the appropriate track licensee in proportion to the amount deposited in each fund by the track licensee for use in promotional marketing, to reduce the costs of admission, programs, parking and concessions and to offer other entertainment and giveaways. The trustees may expend to a licensee all amounts accumulated in the trust funds which are attributable to racing operations conducted at each applicable track.
The trustees may prescribe terms and conditions for the grants and may designate specific capital improvements or promotions to be undertaken by a licensee; provided, however, that, prior to approving any expenditures from the funds for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific promotions and capital improvements contemplated by the licensee and shall formally vote to permit the expenditures; provided, further, that, under no circumstances, shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of racing or for the raising of handles and attendance; and provided further, that the terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. The licensee shall comply with all applicable provisions of chapter 149 unless the commission waives such compliance in writing for cause.
No expenditure for capital improvements or for promotions shall be approved by the trustees if the improvements or promotions are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds an interest in any race track in the commonwealth.
The trustees shall hire the services of architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate proposed capital improvement and promotional projects submitted to them for their approval.
Nothing in this section shall preclude a track licensee from making capital improvements or undertaking promotional operations not funded in whole or in part from those funds; provided, however, that all sums approved by the trustees under this section shall be expended in their entirety for capital improvements or for promotions; provided, further, that any revision by the licensee in the making of capital improvements or in promotional plans as provided in this section shall require separate written approval by the trustees therefor. All financial statements required under section 6 shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made and the promotions completed with funds obtained under this section and further certifying that the expenditures are treated as capital expenditures and promotional expenditures in the accompanying financial statement.
The trustees shall require from each track licensee vouchers, cancelled checks or such other documents as the trustees deem necessary to verify that the expenditures from the funds were carried out in accordance with the provisions of this section.
If any of the trust funds remain dormant for a period of 36 months, any unexpended balance in such trust fund shall be paid to the General Fund.
(h) All pari-mutuel taxes paid to the commission pursuant to this section, together with all pari-mutuel taxes paid to the commission pursuant to section 2 of chapter 128C, and all assessments, association licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues, other than unclaimed wagers, paid to the commission shall be deposited in a separate account under the control and supervision of the commission. The amount of pari-mutuel taxes and other revenues, except for the unclaimed wagers, credited during any calendar year to all racing licensees shall be expended in the following order of priority and for the purposes specified:—(1) To provide and pay local aid to the licensees’ respective host communities under section 18D of chapter 58.
(2) To set aside an amount to fund the annual budget of the state racing commission and this amount shall go to the General Fund.
(2A) To pay, without further appropriation, the state racing commission’s expenses in excess of its appropriation for the costs to conduct each racing performance held by a racing meeting licensee, including a racing meeting licensee conducting racing in conjunction with an agricultural fair; but said expenditures shall not exceed $1,080,976 per fiscal year. Said payments shall include, but not be limited to, the cost of stewards, associate stewards, judges, associate judges, paddock judges, track judges, testing assistants, veterinarians, accountants, drug testing, and state police as well as any travel associated with those performances. The state racing commission shall file a report with the house and senate committees on ways and means on January 15 of each year detailing the amount of costs in excess of its appropriation and the amount of payments raised to cover said excess costs delineated by type.
(3) To pay any amount specifically funded from racing revenues under any general or special law.
(4) To pay: $80,000 annually to an organization, as determined by the commission, which provide health, medical, food, substance abuse treatment and other social services for persons who are employed in the stable or the backstretch area of the running horse racing licensee located in Suffolk county; $20,000 annually to the commission, which is authorized and directed to establish rules and regulations for the purpose of using these monies to provide economic assistance to any person employed in the racing facility, the stable or the backstretch area of the running horse racing licensee located in Suffolk county who is facing hardship due to illness or unforeseen tragedy; and $65,000 annually to an organization, as determined by the commission, that represent the majority of jockeys who are licensed by the commission and regularly ride in the commonwealth for the purpose of providing health and other welfare benefits to active, disabled or retired jockeys; and provided further, that any organization receiving an allocation from any of the said amounts shall make an annual report with the joint committee on government regulations and the house and senate committees on ways and means detailing its expenditures from said allocations.
(5) To pay: $35,000 annually from the running horse racing licensee’s pari-mutual taxes, $35,000 annually from the harness horse racing meeting licensee’s pari-mutual taxes and $20,000 annually from each of the greyhound racing meeting licensees’ pari-mutual taxes to a compulsive gambling organization, as determined by the department of public health.
(6) To pay the remaining revenues credited during any calendar year to all racing licensees, up to but not exceeding $4,500,000, to the purse accounts of the licensees; provided further, that any remaining revenues in excess of $4,500,000 shall be deposited in the General Fund. The amount credited to each licensee shall be based on a formula established by the commission and, in no instance, shall the amount paid to the purse account of each licensee be less than $400,000 unless the commission collects insufficient funds to make such minimum payment to all licensees. Racing meeting licenses that are permitted to simulcast pursuant to section 2 of chapter 128C shall be eligible for purse assistance under this subsection. For the purposes of this subsection, the licensees from Bristol county shall be considered a single licensee. With respect to the remainder of the account, the commission shall promulgate regulations regarding the distribution of the funds; provided, however, that, in establishing the accounts, the commission shall consider all pertinent factors including, but not limited to: (i) the relative needs for increased purses of each licensee; (ii) the number of live racing days conducted by each licensee; ( iii) the amount of the live racing handle of each licensee; (iv) the total amount of employment, both direct and indirect, attributable to each licensee; (v) each licensee’s total payroll; (vi) capital investments made by each licensee; (vii) the amount of tax revenue and other revenues payable to the commonwealth produced by each licensee; (viii) and total pari-mutual tax revenue generated and payable to the commonwealth produced by each license. In the event that a portion of the funds is not deposited into purse accounts through the method of the minimum amount or through the formula of pertinent factors and is not otherwise expended or allocated pursuant to the provisions of this clause, that portion of funds shall be deposited into the General Fund unless otherwise specified by a general or special law. The commission shall submit the regulations for the distribution of the purse accounts to the house and senate chairman of the joint committee on government regulations within 30 days of the promulgation of said regulations. The commission may, in any case it deems appropriate, conduct an audit of any purse accounts and shall report the findings of the audit within 30 days of the conclusion thereof to the house and senate chairmen of the joint committee on government regulations.
(i) No action to recover winnings upon a wager made under this chapter or chapter 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made and no winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of the action. Within 90 days of December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time herein limited shall be deposited with the commission. A notice of the limitation prescribed by this section in such form as the commission may prescribe shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
(j) Three and a half per cent of all purses at all running horse racing meeting licensees’ tracks in the commonwealth shall be paid to the Massachusetts Thoroughbred Breeders’ Association, Inc. Chapter 128A: Section 5. Pari-mutuel or certificate system of wagering [Text of section effective December 31, 2005. For text effective until December 31, 2005, see above.
] Section 5. Before holding or conducting a racing meeting, every licensee shall provide a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses or dogs performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upon such races so conducted shall not under any circumstances be held or construed to be unlawful, other statutes of the commonwealth to the contrary notwithstanding. Such place or places shall be equipped with automatic betting machines capable of accurate and speedy determination of award or dividend to winning patrons, and all such awards or dividends shall be calculated by a totalisator machine or like machine, except at state or county fairs.
No wagers on any race shall be received by a licensee unless they are made within the grounds of the licensee of the track on the day such race is held or simulcast or within thirty-six hours preceding such race or simulcast by patrons who purchase their betting tickets at the windows or booths provided therefore, or as otherwise authorized pursuant to the provisions of chapter one hundred and twenty-eight C. All wagers shall be made in money and no credit shall be extended to any person making such wagers.
No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except horse and dog races at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to wagering authorized pursuant to the provisions of chapter one hundred and twenty-eight C.
Each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall pay to the commission on the day following each day of such horse racing meeting, except on the day following a Sunday horse racing meeting, a sum equal to nine and one half per cent of the total amount deposited on the preceding day by the patrons so wagering at such meeting, said percentage to be paid from the eighteen per cent withheld, as provided in this section, from the total amount wagered. Each licensee holding a racing meeting on Sunday, other than a licensee holding a racing meeting in connection with a state or county fair, shall pay to the commission on the day following each Sunday of such horse racing meeting a sum equal to eight and one half per cent of the total amount deposited on the preceding Sunday by the patrons so wagering at such meeting, said percentage to be paid from the eighteen per cent withheld, as provided in this section from the total amount wagered.
Each person licensed to conduct a dog racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall pay to the commission, on the day following each day of such dog racing meeting, except on the day following a Sunday dog racing meeting, a sum equal to six and one half per cent of so much of the total amount deposited on the preceding day by patrons so wagering at such meeting as does not exceed one hundred and fifty thousand dollars, ten per cent of so much thereof as exceeds one hundred and fifty thousand dollars but does not exceed two hundred and fifty thousand dollars, eleven and one quarter per cent of so much thereof as exceeds two hundred and fifty thousand dollars but does not exceed three hundred and seventy-five thousand dollars, eleven and three quarters per cent of so much thereof as exceeds three hundred and seventy-five thousand dollars, said percentages to be paid from the eighteen per cent withheld, as provided in this section, from the total amount wagered. Each licensee holding a dog racing meeting on Sunday, other than a licensee holding a dog racing a meeting in connection with a state or county fair, shall pay to the commission on the day following each Sunday of such dog racing meeting a sum equal to five and one half per cent of so much of the total amount deposited on the preceding day by patrons so wagering at such meetings as does not exceed one hundred and fifty thousand dollars, nine per cent of so much thereof as exceeds one hundred and fifty thousand dollars but does not exceed two hundred and fifty thousand dollars, ten and one quarter per cent of so much thereof as exceeds two hundred and fifty thousand dollars but does not exceed three hundred and seventy-five thousand dollars, ten and three quarters per cent of so much thereof as exceeds three hundred and seventy-five thousand dollars said percentages to be paid from the eighteen per cent withheld as provided in this section from the total amount. Each licensee may retain as his commission on the total of all sums so deposited, in addition to his share of the breaks as hereinafter provided, a sum not exceeding the balance of the eighteen per cent withheld as provided in this section from the total amount wagered after deducting therefrom the amount hereinbefore required to be paid to the commission.
Each licensee conducting a racing meeting in connection with a state or county fair shall become the custodian or depository for such sums as may be deposited with such licensee by patrons as wagers on the speed or ability of any one or more horses or dogs in a race or races and such licensee shall be responsible for such sum so deposited and shall return to the winning patrons so wagering on the speed or ability of any one or more horses or dogs in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and method under which such pari-mutuel or certificate system has been operated, less the breaks, as defined in this section, and less an amount not to exceed eighteen per cent of the total amount so deposited by the patrons wagering on the speed or ability of harness horses, running horses or dogs and less the so-called breaks, as defined in this section.
Each person licensed to conduct a running horse or dog racing meeting in connection with a state or county fair shall pay to the commission on the day following each day of such running horse or dog racing meeting a sum equal to four per cent of so much of the total amount deposited on the preceding day by patrons so wagering at such meeting as does not exceed one hundred thousand dollars, nine per cent of so much thereof as exceeds one hundred thousand dollars but does not exceed three hundred thousand dollars, ten per cent of so much thereof as exceeds three hundred thousand dollars but does not exceed five hundred thousand dollars, and eleven per cent of all thereof as exceeds five hundred thousand dollars; said percentages to be paid from the eighteen per cent withheld, as provided in this section, from the total amount wagered.
Each person licensed to conduct a harness horse racing meeting in connection with a state or county fair shall pay to the commission on the day following each day of such harness horse racing meeting a sum equal to six and one half per cent of so much of the total amount deposited on the preceding day by the patrons so wagering at such meeting as does not exceed four hundred thousand dollars, seven and three quarters per cent of so much thereof as exceeds four hundred thousand dollars but does not exceed four hundred and fifty thousand dollars, eight and one quarter per cent of so much thereof as exceeds four hundred and fifty thousand dollars but does not exceed five hundred thousand dollars, eight and three quarters per cent of so much thereof as exceeds five hundred thousand dollars but does not exceed five hundred and fifty thousand dollars, nine and one quarter per cent of so much thereof as exceeds five hundred and fifty thousand dollars but does not exceed six hundred thousand dollars, nine and three quarters per cent of so much thereof as exceeds six hundred thousand dollars but does not exceed six hundred and fifty thousand dollars, and ten and one quarter per cent of all over six hundred and fifty thousand dollars, said percentages to be paid from the eighteen per cent withheld, as provided in this section, from the total amount wagered.
Each such person may retain as his commission on the total of all sums so deposited, in addition to his share of the breaks as hereinafter provided, a sum not exceeding the balance of the eighteen per cent withheld as provided in this section, from the total amount wagered after deducting therefrom the amount hereinbefore required to be paid to the commission.
One half of the odd cents over any multiple of ten cents of winnings per dollar wagered shall be retained by the licensee, and one half shall be paid to the commission on the day following each day of a horse or dog racing meeting. Such odd cents shall in this chapter be called the “breaks”.
Each person licensed to conduct a harness horse racing meeting, other than a licensee holding a harness racing meeting in connection with a state or county fair, shall pay to the commission on the following day of each such horse racing meeting, except on the day following a Sunday harness horse racing meeting, a sum equal to six and one half per cent of so much of the total amount deposited on the preceding day by the patrons so wagering at such meeting as does not exceed four hundred thousand dollars, seven and three quarters per cent of so much thereof as exceeds four hundred thousand dollars but does not exceed four hundred and fifty thousand dollars, eight and one quarter per cent of so much thereof as exceeds four hundred and fifty thousand dollars but does not exceed five hundred thousand dollars, eight and three quarters per cent of so much thereof as exceeds five hundred thousand dollars but does not exceed five hundred and fifty thousand dollars, nine and one quarter per cent of so much thereof as exceeds five hundred and fifty thousand dollars but does not exceed six hundred thousand dollars, nine and three quarters per cent of so much thereof as exceeds six hundred thousand dollars but does not exceed six hundred and fifty thousand dollars, and ten and one quarter per cent of all over six hundred and fifty thousand dollars, said percentages to be paid from the eighteen per cent withheld, as provided in this section from the total amount wagered. Each licensee holding a harness horse racing meeting on Sunday other than a licensee holding a harness horse racing meeting in connection with a state or county fair, shall pay to the commission on the day following each Sunday of such harness horse racing meeting a sum equal to five and one half per cent of so much of the total amount deposited on the preceding Sunday by the patrons so wagering at such meeting as does not exceed four hundred thousand dollars, six and three quarters per cent of so much thereof as exceeds four hundred thousand dollars but does not exceed four hundred and fifty thousand dollars, seven and one quarter per cent of so much thereof as exceeds four hundred and fifty thousand dollars but does not exceed five hundred thousand dollars, seven and three quarters per cent of so much thereof as exceeds five hundred thousand dollars but does not exceed five hundred and fifty thousand dollars, eight and one quarter per cent of so much thereof as exceeds five hundred and fifty thousand dollars but does not exceed six hundred thousand dollars, eight and three quarters per cent of so much thereof as exceeds six hundred thousand dollars but does not exceed six hundred and fifty thousand dollars and nine and one quarter per cent of all over six hundred and fifty thousand dollars, said percentages to be paid from the eighteen per cent withheld, as provided in this section, from the total amount wagered.
unclaimed winnings [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 5A. No action to recover winnings upon a wager made under this chapter or chapter 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made, and no such winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of an action. Within 90 days of said December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time allowed in this section shall be deposited with the commission.
Monies from all unclaimed live wagers made pursuant to this chapter shall be deposited with the commission. Subject to the rules and regulations established by the commission, the commission shall deposit the unclaimed live wagers into the purse accounts of the racing meeting licensees that generated those unclaimed live wagers. Chapter 128A: Section 5A. Recovery of winnings upon wagers; actions; unclaimed winnings; disposition; notice of limitation [Text of section effective December 31, 2005. For text effective until December 31, 2005, see above.
] Section 5A. No action to recover winnings upon a wager made under this chapter after the effective date of this section shall be commenced after December thirty-first of the year following the year in which such wager was made, and no such winnings shall be paid by a licensee after said date except pursuant to a judgment in an action so commenced or in settlement of such action. Within ninety days after said December thirty-first, money held by a licensee for the payment of any such wager for the recovery of which no action has been commenced within the time herein limited shall be paid over to and become a part of the receipts of the commission, and shall thereafter be paid into the state treasury. Any such money for the recovery of which an action has been duly commenced shall be so paid to the commission within ninety days after December thirty-first of the year in which such action shall have terminated adversely to the plaintiff therein. A notice of the limitation prescribed by this section, in such form as the commission shall prescribe, shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
Section 5B. (a) One-quarter of one per cent of the total amount deposited at all racing meetings by the patrons wagering at such meetings shall be used to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the commission for the fiscal year next following the calendar year in which said total amount was wagered. Said one-quarter of one per cent shall be retained by the commission from the sums paid daily to the commission pursuant to section five and shall be deposited in the General Fund.
(b) The commission is hereby authorized to make an assessment in each fiscal year against each licensee conducting a racing meeting in the commonwealth. Said assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce revenue to reimburse the commonwealth for funds appropriated for the operation of the commission, including amounts sufficient to cover the cost of fringe benefits as established by the commissioner of administration pursuant to section six B of chapter twenty-nine; provided, however, that the total assessment for all licensees, not including the revenues received pursuant to paragraph (a), shall not exceed seven hundred and fifty thousand dollars. Said assessment shall be made proportionately against each licensee on the basis of the amount withheld by each licensee less the sum paid to the commission as determined by section five. Each licensee against whom an assessment is made shall pay over daily to the commission a pro rata share of the assessment determined by dividing the total assessment of that license by the number of dates granted to the licensee pursuant to section three. If the commission fails to expend in any fiscal year the total amount assessed under this paragraph, any amount unexpended shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount; provided, however that, if no racing dates are granted in the following year to any licensee, the portion of unexpended funds due such licensee as a credit shall, at the request of such licensee to the state treasurer, be refunded.
licensee’s duties; penalties [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45.
] Section 5C. Notwithstanding section 17A of chapter 271, each person licensed to conduct a running horse, harness horse or dog racing meeting, not including racing meetings held or conducted at a state or county fair, may establish and maintain betting accounts with individuals for use in connection with account wagering on races offered by the licensee, as the licensee is otherwise authorized to accept in accordance with this chapter and chapter 128C, including those fees, payments, commissions and premiums. As used in this section, “account wagering” shall mean a form of pari-mutuel wagering in which an individual may deposit money to an account established through an agreement with a person licensed to conduct a running horse, harness horse or dog racing meeting and use the account balance to make and pay for wagers by the holder of the account which wagers may be made in person, by direct telephone call or by communication through other electronic media by the holder of the account to the licensee. No individual shall deposit money into an account through the telephone or other electronic media. Only those persons who have established a betting account with a person licensed to conduct a running horse, harness horse or dog racing meeting in accordance with this section shall place bets by telephone or by communication through other electronic media with such licensee. No credit shall be extended to a betting account by a running horse, harness horse or dog racing meeting licensee.
A person licensed to conduct a running horse, harness horse or dog racing meeting, not including racing meetings held or conducted at a state or county fair, shall accept and maintain betting accounts directly, or through an agreement with an authorized and licensed service provider, in the name of a natural person only. The licensee may refuse to establish or maintain a betting account and may refuse deposits to any such account if the licensee deems such refusal appropriate; provided, however, that such licensee shall not establish or maintain a betting account for any person who has been banned or prohibited from entering the premises of a racing meeting licensee in the commonwealth pursuant to section 10A. The licensee may suspend or close any account at any time; provided, however, that the licensee shall return to the account holder any funds that are on deposit in the account at the time it is closed.
The distribution of monies collected from wagers made under this section shall be in compliance with this chapter and chapter 128C.
Each betting account maintained by a person licensed to conduct a running horse, harness horse or dog racing meeting shall contain a minimum balance, the amount of which the commission shall prescribe by regulation.
Each licensee shall, with respect to each betting account established with such licensee, make tax withholdings and provide tax and revenue reporting, all as otherwise required for wagers placed at a racing meeting licensee.
The balance in any betting account maintained by a person licensed to conduct a running horse, harness horse or dog racing meeting, which account has been inactive for a period of 3 years, shall be presumed to be abandoned and paid to the state treasurer pursuant to the provisions of chapter 200A.
No race shall be telecast live to a public location outside of a guest track if used in conjunction with the operation of the account wagering system in a manner that creates an off-track betting center. This section prohibits any contract or other agreement of a person licensed to conduct a running horse, harness horse or dog racing meeting that facilitates or encourages off-track betting as well as any arrangement involving dedicated or direct telephone lines or other electronic connections between the licensee’s facility and a public location outside the area of the licensee’s facility at which live telecasts of races are presented. This section shall not prohibit television display of races at public locations when account wagering is incidental to the presentation of such races and the telecasting does not occur in conjunction with the operation of an off-track betting center within the commonwealth.
Betting accounts authorized by this section shall be established, maintained and operated in accordance with rules and regulations promulgated by the commission. The commission shall conduct annual audits of each racing meeting licensee within 90 days of the end of each calendar year with respect to all monies attributable to account wagers. The commission shall report the findings of each such audit within 30 days of the completion of the audit to the house and senate chairs of the joint committee on government regulations.
A licensee failing to comply with this section shall be punished by a fine of not more than $10,000 or by imprisonment in the house of correction for not more than 2 years, or both. A licensee failing to comply with the requirements of the section shall also be subject to civil penalties imposed by the commission of not more than $10,000 if, after notice and a hearing, the commission finds that a violation has occurred.
No racing meeting licensee shall rebate any money to a bettor based on a wager made under this chapter or chapter 128C. Whoever violates this section shall be subject to a revocation of his license or shall be punished by a fine or not more than $10,000, or both. For the purpose for this section, each day on which a horse or dog racing meeting shall be held or conducted in violation of this chapter shall be considered a separate and distinct offense.
statements; statements of wagers Section 6. Accurate records and books shall at all times be kept and maintained by each licensee, showing the number, nature and amount of all wagers made in connection with such meeting. The commission, or its duly authorized representatives, shall at all reasonable times have access to the records and books of any licensee for the purpose of examining and checking the same, and ascertaining whether or not the proper amount has been or is being paid to the commission as herein provided.
Within sixty days after the close of a racing meeting, each licensee conducting a horse or dog racing meeting shall submit, on forms prescribed by the commission, financial statements certified to the commission by a certified public accountant; provided, however, that said licensee with the prior written approval of the commission, may submit said statements annually within sixty days after the close of its fiscal year, if any. The commission, or its duly authorized representatives, shall at all reasonable times have access to all records and books of the licensee for the purpose of examining and certifying the same.
The commission may also from time to time require sworn statements of such wagers and may prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make such report as herein provided, or failing or refusing to pay the amount found to be due as provided in this chapter, shall be deemed guilty of larceny and upon conviction shall be punished by a fine of not less than one thousand nor more than ten thousand dollars.
representatives; access; authority; reports; violations Section 7. The commission shall appoint two stewards to each track licensed to conduct racing meetings, who shall not be subject to chapter thirty-one or section nine A of chapter thirty. The commission shall assign, by regulation, duties to be performed by him. The compensation of the commission-appointed steward shall be fixed by the commission.
The commission may also appoint one or more other representatives to attend each racing meeting held or conducted under a license issued under this chapter, and the appointment of said representatives shall not be subject to chapter thirty-one or section nine A of chapter thirty. The compensation and duties of each such representative shall be fixed by the commission.
Each such representative appointed by the commission to attend a racing meeting shall have full and free access to the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised for the purpose only of ascertaining whether or not the provisions of this chapter are being properly observed. He shall also, for the same purpose only, have full and free access to the books, records and papers pertaining to such pari-mutuel or certificate system of wagering. All employees of the commission assigned to the tracks for security purposes and all police officers assigned to the commission shall be under the control and authority of one of the representatives of the commission at each track. Said representative shall have full and free access to any other areas used in connection with the conduct of racing. He shall investigate, ascertain and report to the commission in writing under oath as to whether or not he has discovered any violation at such meeting of any of the provisions of this chapter, and, if so, the nature and character of such violations. Such report shall be made within ten days after the termination of the duties of such representative at any racing meeting.
If any such report shows any violation of this chapter, the commission shall transmit a copy of such report to the attorney general for such action as he shall deem proper.
meetings; approval; cost; employment of veterinarians, chemists and laboratory technicians Section 8. The commission shall apply to the department of public safety for the assignment of a complement of police officers to the commission on a regular basis and said department shall assign such complement to the commission. The commission shall assign such police officers to guard and protect the lives and safety of the public, property and the animals to be raced at any such meeting, and to perform any such other duties which may be required by said commission in order to maintain fair and honest pari-mutuel racing at any such meeting. The police officers so assigned shall, except in the case of an emergency, and while on duty at any such racing meeting, be subject to the operational authority of the commission; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may be entitled.
The commission shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the commission.
All assignments and reassignments to the commission, except as the commissioner of public safety shall determine that an emergency exists or is threatened, shall be subject to the approval of the racing commissioner. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where a racing meeting is to be held, or to the police department of a city or town wherein a racing meeting is to be held, in order that such police agency may furnish a police detail for safety or traffic purposes at any racing meeting authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer.
The commission shall employ as many veterinarians, chemists and laboratory technicians as it deems necessary to insure the legitimate performance of the animals to be raced at any racing meetings authorized by this chapter and to protect the health of such animals and the department of public safety shall provide that such veterinarians, chemists and laboratory technicians shall have access to the department’s laboratory facilities.
facilities operated by licensees; supervision of stewards, judges and starters Section 8A. The commission shall make periodic inspections of all of the installations and facilities operated by its licensees, including stable areas and the office of the racing secretary during the time that entries are being filed. Each member shall from time to time personally visit the jockeys’ room to observe the activity of the custodians and valets, and the operation of the clerk of the scales, weighing procedures and security provisions. The activities of stewards, placing judges, patrol judges and starters shall be closely supervised by said commission and the calculating and tote control room of the various tracks shall be regularly spot-checked to insure fair and equitable results for the wagering public.
Section 9. The commission shall have full power to prescribe rules, regulations and conditions under which all horse or dog races at horse or dog racing meetings shall be conducted in the commonwealth and may by rule or regulation prohibit licensees from admitting minors to dog or horse racing meetings.
The commission shall have power to prescribe special rules, regulations and conditions applicable to horse and dog racing meetings held under licenses granted hereunder in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture.
The commission shall prescribe rules and regulations under which dog race track licensees shall be required to provide access to schooling races and participation in pari-mutuel dog races conducted by said licensees for Massachusetts bred greyhounds.
[Paragraph inserted following third paragraph effective until December 31, 2005. See 2001, 139, Sec. 45.
] The commission shall prescribe rules and regulations under which betting accounts for account wagering, as provided in section 5C, shall be established, maintained and operated.
Rules and regulations so prescribed shall be printed by the commission and furnished in reasonable numbers to any one who may request them.
Any person violating any such rule or regulation shall, upon a complaint brought by the commission, be punished by a fine not exceeding five thousand dollars or by imprisonment not exceeding one year, or by both.
veterinarians, blacksmiths, owners, trainers, jockeys and stable employees; badges; suspension and revocation; criminal records [First paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 9A. For the purpose of enabling the commission to exercise and maintain a proper control over horse and dog racing conducted under the provisions of this chapter, the rules, regulations and conditions prescribed by the commission under section nine shall provide for the licensing and registering at reasonable and uniform fees, of agents, assumed names, colors, partnerships and minor agreements and shall provide for the licensing at reasonable and uniform fees of veterinarians, blacksmiths, owners, trainers, jockeys and stable employees at horse tracks and veterinarians, owners and trainers of dogs participating in such racing, and any other persons having access to horses and dogs and all pari-mutuel clerks and other persons with access to money wagered on races.
[First paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] For the purpose of enabling the commission to exercise and maintain a proper control over horse and dog racing conducted under the provisions of this chapter, the rules, regulations and conditions prescribed by the commission under section nine shall provide for the licensing and registering at reasonable and uniform fees, of agents, assumed names, colors, partnerships and minor agreements and shall provide for the licensing at reasonable and uniform fees of veterinarians, blacksmiths, owners, trainers, jockeys and stable employees at horse tracks and veterinarians, owners and trainers of dogs participating in such racing, and any other persons having access to horses and dogs.
Such rules and regulations shall also provide for the fingerprinting of all licensees. Every person so licensed shall be required to display and wear a badge containing a photograph. Such rules and regulations may also provide for the suspension and revocation of licenses so granted and for the imposition on persons so licensed of reasonable forfeitures and penalties for the violation of any rule or regulation prescribed by the commission and for the use of the proceeds of such penalties and forfeitures.
The commission shall have access to criminal offender record information of applicants for any license granted pursuant to this chapter, including officers, directors and beneficial owners of ten per cent or more of the stock of a corporation applying for such a license, and for applicants for employment by the commission. Such access shall be exercised in accordance with sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six.
emergency rules and regulations Section 9B. Notwithstanding the provisions of section five of chapter thirty A, no rule, regulation or condition of the commission promulgated pursuant to the provisions of this chapter shall take effect except as hereinafter provided.
A copy of every such rule, regulation or condition shall be filed with the clerk of the senate and shall be forthwith referred by him to the joint committee on government regulations.
Said committee shall file a written report with the clerk of the senate within thirty days after the filing of the copy thereof with said clerk, stating whether said rules, regulations and conditions are consistent with the statutory provisions under which they were promulgated.
Said rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within sixty days after the filing of the copy thereof with the clerk of the senate unless the general court has prorogued within said sixty days.
If the general court prorogues within sixty days of the filing, with the clerk of the senate of such rules, regulations and conditions, the clerk of the senate shall refer the same to the committee on government regulations the next session of the general court.
Said committee shall report as hereinbefore provided within thirty days of the first day of such session and such rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within sixty days of the first day of such session.
The clerk of the senate shall notify the commission of the action taken thereon by the general court.
Notwithstanding the provisions of this section, the commission may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of horse and dog racing within the commonwealth; and provided, further, that such emergency rules and regulations shall expire within ninety days.
[Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:[Definitions of “Breaks” and “Bridge signal” inserted following introductory clause effective until December 31, 2005. See 2001, 139, Sec. 45.
] “Breaks”, in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered. In the case of racing meetings conducted at a host track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the host track is located.
“Bridge signal”, an entire racing card from a single running horse racing meeting located in the state of Arizona, California, Oregon, Texas or Washington.
“Commission”, the Massachusetts state racing commission.
“Companion card”, a full program of running horse races from outside the commonwealth run at the same time as the running horse racing meeting licensee located in Suffolk county on a specified day as approved by the state racing commission.
“Dark days”, those days during a racing season on which live racing is not conducted.
“Dark season”, that period of consecutive days between racing seasons during which a racing meeting licensee may not conduct live racing performances.
“Full schedule of live racing performances”, the conduct of no fewer than seven live races at not less than four separate racing performances each full week during a racing season.
“Guest track”, a racing meeting licensee or an out-of-state pari-mutuel wagering facility which accepts any simulcast wager on a live race conducted at another track which is presented by simulcast at its facility.
“Host track”, a racing meeting licensee or an out-of-state track which conducts a live race which is the subject of inter-track simulcasting and simulcast wagering.
“Inter-track simulcasting”, the simulcast of a live race conducted at one track to another track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient of the simulcast to accept simulcast wagers on the race.
[Definition of “Premium” inserted following definition of “Inter-track simulcasting” effective until December 31, 2005. See 2001, 139, Sec. 45.
] “Premium”, the amount paid to a racing meeting licensee in addition to the host track fee.
“Racing card”, a full program of races on a specified day as approved by the state racing commission at a racing meeting licensee, a pari-mutuel licensee, or other licensed wagering facility located outside the commonwealth.
[Definition of “Racing day” inserted following definition of “Racing card” effective until December 31, 2005. See 2001, 139, Sec. 45.
] “Racing day”, a day on which 1 or more racing performances are conducted.
“Racing meeting licensee”, a person licensed by the commission, under chapter one hundred and twenty-eight A or any special law, to conduct live horse or dog racing meetings; provided, however, that for the purposes of this chapter the words racing meeting licensee shall not include licensees holding racing meetings in connection with a state or county fair.
“Racing performance”, the conduct of at least seven live races during one day.
“Racing season”, that period of consecutive days including dark days during which a racing meeting licensee conducts a full schedule of live racing performances pursuant to his operating license.
“Same class”, with respect to greyhound racing, greyhound races; with respect to thoroughbred racing, thoroughbred races; with respect to harness racing, harness races.
“Simulcast”, the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise.
“Simulcast wager”, a wager taken at a guest track on a race conducted live at another track, whether inside or outside the commonwealth.
“Takeout”, that amount of money wagered which is not returned as prize money to the wagerers and which does not include the breaks as defined in section five of chapter one hundred and twenty-eight A of the General Laws.
restrictions [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39. For text effective December 31, 2005, see below.
] Section 2. A racing meeting licensee, except a licensee operating within Berkshire county, shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right may be exercised only on any calendar day on which the licensee conducts a racing performance, a dark day, or during a dark season. Any violation of this chapter shall be cause for the commission to suspend or revoke a license pursuant to section 11 of chapter 128A. The right to simulcast is subject to the following exceptions and conditions, and each racing meeting licensee shall obtain prior approval from the commission:—(1) The greyhound dog racing meeting licensee located in Suffolk county shall have the right to simulcast: (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.
m.
, plus the entire racing cards from any 2 running horse racing meetings in the state of California; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 3 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound racing licensee located in Suffolk county may also simulcast, commencing at 6:00 p.
m.
, running horse racing meetings conducted at race tracks located in the Asian- Pacific-Rim region, so-called, that are not located in a territory of the United States; provided, however, that, with respect to such racing meetings only, such simulcasting rights shall extend until the completion of any such racing meeting being simulcast. The greyhound racing licensee located in Suffolk county shall pay to the running horse racing meeting licensee located in Suffolk county a 6 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to simulcasts of the 2 California racing cards for which a premium of 7 per cent shall be paid, and except with respect to the special events, so-called, for which no premium need be paid.
(2) The greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.
m.
, plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee’s live races during its racing season and 2 so-called companion cards; and 2 interstate running horse simulcasts prior to 4:00 p.
m. on any day during the dark season of the Suffolk county running horse racing meeting; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 6 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound dog racing meeting licensee shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for the intrastate running horse simulcasts and shall pay a 3 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid.
(3) In addition to the rights granted in subparagraphs (1) and (2), the greyhound dog racing meeting licensee located in Suffolk county and the greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast 15 running horse special events, so-called, through the simulcast hub of the running horse racing meeting licensee located in Suffolk county without paying the premiums required in subparagraphs (1) and (2); provided, further, that said greyhound dog racing meeting licensees shall receive the simulcasts on the same terms as other racing meeting licensees or no Massachusetts racing meeting licensee shall be authorized to simulcast such special events.
(4) The harness horse racing meeting licensee located in Norfolk county shall have the right to simulcast (a) unlimited harness horse racing; (b) on any day during the calendar year, unlimited running horse racing, except during the live racing performances of the running horse racing meeting licensee located in Suffolk county; plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee’s live races during its racing season and 2 companion cards; and (c) a total of 4 greyhound racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner all racing cards from the greyhound racing meeting licensee located in Bristol county and the greyhound racing meeting licensee located in Suffolk county and pay therefor a fee at the rate of 11 per cent to each greyhound racing meeting licensee and (ii) simulcast up to 2 interstate greyhound dog racing cards and pay to the greyhound dog racing meeting licensee located in Bristol county a 3 per cent premium with respect to any interstate greyhound dog simulcasts received, over and above the costs of obtaining such simulcasts. The harness horse racing meeting licensee located in Norfolk county shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for its intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid, and except during any 12 weeks per year chosen by the Norfolk county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid.
(5) The running horse racing meeting licensee located in Suffolk county may simulcast: (a) unlimited running horse racing; (b) on any day during the calendar year, unlimited harness horse racing, except during live racing performances of the harness horse racing licensee located in Norfolk county; and (c) on any day during the calendar year prior to 5:30 p.
m.
, a total of 4 greyhound racing performances, including the racing performance of the Bristol county greyhound racing licensee, when available within the authorized time, which shall be mandatory, and shall pay a fee of 3 per cent for the racing performances to the Bristol county greyhound racing licensee, and 3 interstate greyhound dog racing simulcasts. The Suffolk county horse racing licensee shall simulcast the racing cards of the harness horse racing licensee located in Norfolk county and shall pay a fee of 11 per cent for the intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate harness horse simulcasts received, over and above the costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid. The running horse racing meeting licensee located in Suffolk county shall pay to the greyhound dog racing meeting licensee located in Suffolk county an 8 per cent premium with respect to any intrastate or interstate greyhound dog simulcasts received, over and above the cost of obtaining such simulcasts.
All premiums received by a running horse racing meeting licensee, harness horse racing meeting licensee or greyhound racing meeting licensee pursuant to this section shall be paid into the purse accounts of the horsemen or dogmen, respectively, at the race track licensee where the premiums were received and paid to the horsemen or dogmen as purses; provided, however, that the premiums shall be in addition to all other amounts required to be paid into purses in accordance with chapter 128A and chapter 128C. Each race track licensee shall file with the commission, within 90 days of the end of each calendar year, an accounting of the use and disbursement during such calendar year of any and all premiums paid into such purse accounts. The commission is authorized, in any case it deems appropriate, to conduct an audit of any such purse accounts and shall report the findings of any such audit within 30 days of the conclusion thereof to the house and senate chairs of the joint committee on government regulations.
All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes, shall file with the commission, the clerk of the senate and the clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.
No racing meeting licensee, whether acting as a guest track or host track, shall simulcast live races unless the licensee conducts a full schedule of live racing performances during a racing season except that, if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting and, if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until the licensee conducts or resumes a full schedule of live racing performances; provided, however, that no racing meeting licensee shall simulcast live races in any racing season unless each racing meeting licensee, with the exception of the running horse racing licensee in Suffolk county and the harness horse racing licensee in Norfolk county, in each of those racing seasons is licensed to and actually conducts not less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the running horse racing meeting licensee in Suffolk county and the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that each racing meeting licensee conducts at least 1,100 live horse races over the course of no fewer than 100 calendar days during that racing season with no fewer than 7 races completed on any of those 100 calendar days.
All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.
S.
C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.
S.
C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen’s Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that, if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between the periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter 128A. No other daily fees shall be assessed.
Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within 100 miles of the host track shall pay to the representative breeders’ association of the same class as is simulcast, a sum equal to 0.
25 per cent of the total amount wagered at the receiving wagering facility. Chapter 128C: Section 2. Simulcast wagering by racing meeting licensees; restrictions [Text of section effective December 31, 2005. For text effective until December 31, 2005, see above.
] Section 2. A racing meeting licensee shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right shall only be exercised on any calendar day on which it conducts a racing performance, a dark day or during a dark season; provided, however, that any violation of the provisions of this chapter shall be cause for the commission to invoke its power to suspend or revoke its operating license pursuant to section eleven of chapter one hundred and twenty-eight A. Where two racing meeting licensees in Norfolk county use the same track during a calendar year, each of said licensees shall have the same rights to simulcast during any period of time between racing meetings. A racing meeting licensee shall make simulcasts of live races conducted by such racing meeting licensee available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to simulcast, on the same terms, to include economic terms, and conditions. Such right to simulcast is subject to the following exceptions and conditions:Each racing meeting licensee shall comply with the following applicable provisions.
All licensees licensed to conduct running horse racing meetings in Suffolk county, and, all licensees licensed to conduct running horse racing meetings or harness horse racing meetings in Norfolk county, not including running horse or harness horse racing meetings held in connection with a state or county fair, may simulcast live running horse or live harness horse races which are conducted at a host track, only.
All licensees licensed to conduct greyhound dog racing meetings, not including greyhound dog racing meetings held in connection with a state or county fair, may simulcast greyhound dog racing with the permission of the state racing commission. With respect to horse racing, the greyhound racing meeting licensee located in Suffolk county may simulcast up to fifty racing cards and up to fifteen special events of national significance as determined by the commission; provided, however, that said fifteen special events shall be in addition to any special events simulcast by said licensee which are shown as part of a live program from a host track, during a racing season only; provided, further, that each of these racing cards or special events shall be subject to application to and approval by the commission. Said greyhound racing meeting licensee located in Suffolk county shall not be permitted to simulcast any thoroughbred or harness horse racing cards from a host track, whether within or without the commonwealth, in any calendar year, during the running horse racing meetings held in Suffolk county. With respect to horse racing, the greyhound racing meeting licensee located in Bristol county may simulcast with the permission of the commission every live running horse racing card of the running horse racing meeting licensee located in Suffolk county. With the permission of the running horse racing meeting licensee located in Suffolk county, and subject to the approval of the commission, the greyhound racing meeting licensee located in Bristol county may simulcast a companion card from a pari-mutuel running horse facility located outside the commonwealth; provided, however, that if the running horse racing meeting licensee located in Suffolk county grants a companion card to the greyhound racing meeting licensee located in Bristol county, the running horse racing meeting licensee in Suffolk county shall grant an identical companion card to the harness horse racing meeting licensee located in Norfolk county. Said greyhound racing meeting licensee located in Bristol county shall be prohibited from simulcasting any running horse race during the dark days and dark season of the running horse racing meeting licensee in Suffolk county; provided, however, that such greyhound racing meeting licensee located in Bristol county may simulcast up to fifteen special events of national significance as determined by the commission; provided, further, that said fifteen special events shall be in addition to any special events simulcast by said licensee which are shown as part of a live program from a host track.
Whenever a racing meeting licensee within the commonwealth is conducting a full schedule of live racing performances of horses of either class, any other racing meeting licensee, whether during his racing season or his dark season, shall, if the licensee chooses to simulcast, simulcast the live racing performance from within the commonwealth and shall not simulcast any other race of the same class as the live racing performance until the end of the live racing performances within the commonwealth for that day; provided, however, that the harness horse racing meeting licensee located in Norfolk county may simulcast an entire racing card from a running horse racing meeting located in the state of California during the live racing performance of the running horse racing meeting licensee located in Suffolk county; provided, further, that, with the permission of the running horse racing meeting licensee located in Suffolk county, and subject to the approval of the commission, the harness horse racing meeting licensee located in Norfolk county may simulcast a companion card from a pari-mutuel running horse facility located outside the commonwealth; provided, further, that if the running horse racing meeting licensee located in Suffolk county grants a companion card to the harness horse racing meeting licensee located in Norfolk county, the running horse racing meeting licensee located in Suffolk county shall grant an identical companion card to the greyhound racing meeting licensee located in Bristol county, unless, there is a special event of the same class as the live racing performance, in which case, the special event shall be available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to receive said special events, on the same terms, to include economic terms, and conditions that the out-of-state track makes the simulcast available to any other guest track.
All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes shall file with the commission, clerk of the senate and clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.
No racing meeting licensee, whether acting as a guest track or a host track shall simulcast live races unless said licensee conducts a full schedule of live racing performances during a racing season except that if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances; provided, further, that no racing meeting licensee shall simulcast live races in the 2000 to 2001, inclusive racing seasons unless each said racing meeting licensee, in each of those racing seasons, is licensed to conduct no fewer than a total of one hundred and fifty racing performances; provided, however, that where two racing meeting licensees in Norfolk county use the same track during the calendar year, each thoroughbred horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of fifty racing performances and each harness horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of one hundred racing performances.
All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978, 15 U.
S.
C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horseracing Act of 1978, 15 U.
S.
C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen’s Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided, further, that if said association agrees to approve such simulcast for one racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter one hundred and twenty-eight A. No other daily fee shall be assessed.
Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within one hundred miles of said host track shall pay to the representative breeders association of the same class as is simulcast, a sum equal to one-quarter of one percent of the total amount wagered at the receiving wagering facility.
with state or county fairs; restrictions [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 2001, 139, Sec. 39.
] Section 2A. Notwithstanding section 2, the running horse racing meeting licensee in Plymouth county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of the city or town where the fair is located, and following a demonstration by the licensee of its ability to complete not less than 50 per cent of the live racing performances approved by the commission, simulcast unlimited interstate thoroughbred horse races except for the bridge signal and the intrastate live races of the racing meeting licensees in the commonwealth on (i) each Sunday, Tuesday, Thursday, and Saturday during the live racing performances only, but any simulcast signal commenced during a live racing performance shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card, and, in addition, on (ii) July 3 and 4 in any calendar year when they fall on a day of the week other than said specified days and a live racing performance is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee in Plymouth county shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2.
Notwithstanding section 2, a running horse racing meeting licensee, excluding the licensees in Plymouth county and Berkshire county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of a city or town where the fair is located, and following a demonstration by said licensee of its ability to complete no less than 50 per cent of the live races performances approved by the commission, simulcast unlimited thoroughbred horse races and the intrastate live races of the racing meeting licensees in the commonwealth on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth except in Berkshire county; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the commission for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; provided, however, that said simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2.
The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks into the host track trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners.
The racing commission shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any 1 running horse, also known as a straight wager, and, each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided, however, that a sum equal to 0.
25 per cent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided, further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal year.
The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 3/8 of 1 per cent; a sum equal to 1/8 of 1 per cent to the host Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.
5 per cent to the breeders’ association of the most recent live racing performance at the host track for the purposes of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs of conducting running horse racing meetings.
The sum of 4.
25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; and 8.
75 per cent of the straight wagering pool and 11.
75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.
5 per cent shall be paid to the horse owners, of the most recent live racing performance at the host track, for purses, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to 0.
5 per cent of the exotic wagering pool into the host trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse, also known as a straight wager, and each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed 26 per cent of the total amounts so deposited.
The licensee shall pay to the commission on behalf of the commonwealth the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.
25 per cent to the breeders’ association of the most recent live performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 5 7/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.
5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.
5 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses; said percentages shall be paid from the 19 per cent withheld from the straight wagers as provided in this section.
The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.
5 per cent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.
75 per cent to the breeders’ association of the most recent live racing performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 6 7/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.
5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.
Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks, and less an amount not to exceed 19 per cent of the total amount so deposited; provided, however, that a sum equal to 2.
5 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to 0.
25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.
25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.
5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 4.
25 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 9.
25 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.
5 per cent shall be paid to the dog owners for purses, said percentages shall be paid from the 19 per cent withheld from the straight wagers as provided in this section.
The greyhound racing meeting licensees shall retain the total sum of the breaks.
The licensees shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 2.
5 per cent of the total amount wagered; a sum equal to 0.
25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.
25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.
5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 8.
5 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 8.
5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.
5 per cent shall be paid to the dog owners for purses; said percentages shall be paid from the 26 per cent withheld as provided in this section.
All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.
S.
C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.
S.
C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen’s Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
[Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] Section 3. All wagers on simulcast races accepted by a racing meeting licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing meeting licensee which conducts the live race, unless the commission approves a different procedure.
The commission shall promulgate rules as are necessary to facilitate the commingling of pari-mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on such wagers and to regulate the distribution of net proceeds as provided in this chapter.
under commission’s control [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 2001, 139, Sec. 39.
] Section 3A. The unclaimed simulcast wagers collected by the running horse racing meeting licensee, the harness horse racing meeting licensee and the greyhound racing meeting licensees shall be deposited in a separate account under the control and supervision of the commission for payment to the purse accounts of the licensees that generated the unclaimed wagers.
horse races from host track; payments to winning patrons, commission, host track and running horse capital improvements trust fund [Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] [First paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 4. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks into the trust fund known as the Running Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
[First paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, into the trust fund known as the Running Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed twenty-six percent of the total amount so deposited; provided, however, that a sum equal to one-quarter of one percent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend said funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section two of chapter one hundred and twenty-eight; and provided, further, that such expenditures by the division of fairs shall not exceed fifty thousand dollars in any fiscal year.
The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to three-eighths of one percent; a sum equal to one-eighth of one percent to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-half of one percent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum equal to five percent to be paid from the nineteen percent withheld and a sum of six percent to be paid from the twenty-six percent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings; said percentage to be paid from the nineteen percent and the twenty-six percent withheld, as provided in this section.
The sum of four and one-quarter percent of the straight wagering pool and seven percent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; eight and three-quarters percent of the straight wagering pool and eleven and three-quarters percent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent and twenty-six percent withheld as provided in this section.
Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of the such breaks into the trust fund known as the Running Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
[Sixth paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 1/8 per cent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.
5 per cent shall be paid daily to the breeders’ association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided further, that the running horse racing meeting licensee and the appropriate horseman’s association representing the horse owners racing at that race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.
5 per cent of the remaining percentages to be paid to the horse owners. If a new running horse racing meeting licensee should replace the existing running horse meeting licensee during any point in a calendar year and a new contract is not agreed upon between the new running horse meeting licensee and the horseman’s association before the start of the next racing season, then the last signed, executed and completed contract between the previous running horse racing meeting licensee and the horseman’s association shall remain in effect for the racing season only or until a new contract is agreed upon.
[Sixth paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] Each such licensee shall return to the winning patrons all sums so deposited less the such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld, the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-eighth of one percent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.
horse races from host track; payments to winning patrons, commission, host track and harness horse capital improvements trust fund [Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] [First paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 5. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
[First paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed twenty-six percent of the total amount so deposited.
The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-quarter of one percent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to five percent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to five and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to seven and one-half percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent withheld from the straight wager as provided in this section.
The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-half of one percent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to three-quarters of one percent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to six percent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to six and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to eleven percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the twenty-six percent withheld from the exotic wager pool as provided in this section.
Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners.
[Sixth paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 0.
5 per cent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.
5 per cent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of 0.
25 per cent of the straight wagering pool and 0.
75 per cent of the exotic wagering pool shall be paid daily to the breeders’ association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman’s association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.
5 per cent of the remaining percentages to be paid to the horse owners. If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman’s association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman’s association shall remain in effect for the racing season only or until a new contract is agreed upon.
[Sixth paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] Each such licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-half of one percent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of one-quarter of one percent of the straight wagering pool and three-quarters of one percent of the exotic wagering pool shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.
[Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 2001, 139, Sec. 39.
] Section 5A. No action to recover winnings upon a wager made under this chapter after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made and no winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of the action. Within 90 days of December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time herein limited shall be deposited with the commission. A notice of the limitation prescribed by this section in such form as the commission may prescribe shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
races from host track; payments to winning patrons, commission and greyhound promotional trust fund [Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] [First paragraph effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 6. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed nineteen percent of the total amount so deposited; provided, however, that a sum equal to two and one-half percent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to two and one-half percent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to four and one-quarter percent shall be paid to the racing meeting licensee at the host track; a sum equal to nine and one-quarter percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the dog owners for purses, said percentages to be paid from the nineteen percent withheld as provided in this section.
[First paragraph effective December 31, 2005. For text effective until December 31, 2005, see above.
] Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks, as defined in section five of chapter one hundred and twenty-eight A, and less an amount not to exceed nineteen percent of the total amount so deposited; provided, however, that a sum equal to two and one-half percent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to two and one-half percent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to four and one-quarter percent shall be paid to the racing meeting licensee at the host track; a sum equal to nine and one-quarter percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the dog owners for purses, said percentages to be paid from the nineteen percent withheld as provided in this section.
Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to two and one-half percent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the dog owners for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track. All such contracts shall be subject to the approval of the recognized greyhound owners association of the most recent live racing performance at the guest track.
In no case shall a person or association licensed to conduct a dog racing meeting serve as a guest or host track for the purpose of simulcasting a race unless the licensee has received the prior approval of the greyhound owners association at the licensees facility and such approval is on file with the commission.
[Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39. For text effective December 31, 2005, see below.
] Section 7. No owner, trainer or kennel operator shall cause or permit any racing or retired greyhound to be put to death until reasonable efforts by such owner, trainer, or kennel operator to place such greyhound for adoption with a responsible person or entity have been exhausted. No racing or retired greyhound shall be put to death except in a humane manner. For purposes of this section, the words ‘in a humane manner” shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Medical Association.
The commission shall adopt regulations governing the disposition of all racing greyhounds. For the purposes of this section and said regulations, the word ‘disposition” shall mean euthanasia, transfer to another jurisdiction, adoption, or donation or sale for medical research or other purpose. The commission shall maintain accurate records and statistics regarding the disposition of all greyhounds that have participated in dog racing, including schooling races, in the commonwealth. Such records shall include the following information:—(1) the greyhound’s registered name and left and right ear tattoos, the name and address of the greyhound’s owner, trainer, and kennel operator at the time of disposition, and the name and address of the race track where the greyhound last raced prior to disposition;(2) if the greyhound has been transferred to another race track, the name and address of the race track that received the greyhound and the name, business address, telephone number and driver’s license number and state of the person who received the greyhound on behalf of the receiving race track;(3) if the greyhound has been retired for breeding, the name and address of the facility that received the greyhound and the name, business address, telephone number and driver’s license number and state of the person who received the greyhound on behalf of the receiving facility;(4) if the greyhound has been adopted or placed for adoption, the name, address and telephone number of the person or entity that received the greyhound and, if applicable, the name, business address, telephone number and driver’s license number and state of the person who received the greyhound on behalf of the adoption facility;(5) if the greyhound has been euthanized, the name, address, professional title and professional affiliation of the person performing the euthanasia, the manner of euthanasia, and a detailed statement of reasons why the greyhound was euthanized rather than adopted or placed for adoption;(6) if the greyhound has been sold or donated to an individual, corporation or entity, the name and address of the individual, corporation or entity purchasing or receiving the greyhound, the purpose for which the greyhound is being purchased or received, and the name, business address, telephone number and driver’s license number and state of the person who received the greyhound on behalf of the receiving individual, corporation or entity;(7) if the greyhound’s disposition does not fit into any of the above categories, the owner, trainer or kennel operator must state, in detail, the greyhound’s destination, the name, business address, telephone number and driver’s license number and state of the person who received the greyhound, and the specific purpose for which the greyhound has been received, sold, transferred or donated.
All disposition forms shall be completed and signed under the pains and penalties of perjury by the greyhound’s owner, trainer or kennel operator, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on a disposition form shall be punished by imprisonment for up to 2 years and a fine of up to $2,500, or both such fine and imprisonment. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment. Chapter 128C: Section 7. Thoroughbred and standardbred horse and greyhound dog racing sweepstakes lottery game; development and implementation; regulations for disposition of greyhounds [Text of section effective December 31, 2005. For text effective until December 31, 2005, see above.
] Section 7. No person licensed by the state racing commission shall put to death, within the commonwealth, a racing greyhound, except in a humane manner. For purposes of this section, the words “in a humane manner” shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Association.
The racing commission shall adopt regulations that kennels and other appropriate licensees provide the racing commission with information and other data regarding the dispositions of racing and retired greyhounds. For purposes of this section and such regulations, the word “disposition”, shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical or research purposes. The racing commission shall maintain accurate records and statistics regarding the disposition of all greyhounds who have participated in dog racing, including schooling races, in the commonwealth.
No greyhound licensed by the department of food and agriculture as a Massachusetts-bred greyhound shall be put to death, within the commonwealth, except in a humane manner. For purposes of this paragraph, the words “humane manner”, shall mean, by means of euthanasia by lethal injection or by such other standard of humane killing as may be established by the American Veterinary Medicine Association.
The department of food and agriculture shall adopt regulations requiring owners of Massachusetts-bred greyhounds, or their agents, to provide them with information and other data regarding the disposition of such greyhounds within the commonwealth. For purposes of such regulations, the word “disposition”, shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical research purposes. The department of food and agriculture shall maintain accurate records and statistics regarding the disposition of all Massachusetts-bred greyhounds.
The department of food and agriculture is authorized to certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.
greyhounds; penalties [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 2001, 139, Sec. 39.
] Section 7A. The racing commission shall adopt regulations governing injuries incurred by racing greyhounds while they are racing in the commonwealth, including schooling races. The commission shall maintain accurate records and statistics regarding the injuries. The records shall include the following:—(1) the greyhound’s registered name and right and left ear tattoo numbers;(2) the owner, trainer and kennel operator’s name, business address and telephone number;(3) the color, weight, and sex of the greyhound;(4) where the injury took place on a race track or other area;(5) if the injury occurred while the greyhound was racing, the race track where the injury occurred, along with the distance, grade, race and post position when the injury occurred; the weather conditions, time, temperature, and track condition when the injury occurred; the specific type of injury, the cause of the injury, the estimated recovery time, and the location of injury on the greyhound.
All injury forms shall be completed and signed under the pains and penalties of perjury by the race track veterinarian, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on an injury form shall be punished by imprisonment for up to 2 years and by a fine of up to $2,500, or both. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment. Disposition and injury records created and maintained under this section shall be maintained by the state racing commission for a period of 7 years and shall be made readily available to the public upon oral or written request.
The department of food and agriculture may certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.
and transportation of racing greyhounds; license suspension or revocation [Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. See, also, 1992, 101, Sec. 13 as amended by 2001, 139, Sec. 39.
] Section 7B. The commission shall adopt regulations governing the humane handling, care, treatment, and transportation of racing greyhounds. The regulations shall include minimum requirements for the handling, housing, feeding, watering, sanitation, ventilation, adequate veterinary care, exercise, and shelter of racing greyhounds, and safety of track surface and banking to prevent injury.
If the commission has reason to believe that any person who is licensed by the commission or who is affiliated with any person, corporation, partnership, trust or any combination of the same or other entity which owns, operates, holds any interest in any race track or other facility which operates pari-mutuel racing of greyhounds, or is licensed to operate such a facility pursuant to section 3 of chapter 128A, violates any provision of this section, or any of the rules or regulations promulgated by the racing commission under this section, the commission may suspend such person’s license, and, after notice and opportunity for a hearing, may revoke such license if such violation is determined to have occurred.
[Text of section effective until December 31, 2005. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39.
] Section 8. The commission shall have full power to promulgate rules, regulations, and conditions under which all running horse, harness horse, or greyhound racing simulcasts and simulcast wagers shall be conducted in the commonwealth. Notwithstanding the provisions of this section, the commission may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals, or to insure the integrity of racing and pari-mutuel wagering; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of running horse, harness horse, and greyhound racing within the commonwealth; provided, further, that such emergency rules and regulations shall expire within ninety days of their promulgation.
Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:“Agents”, employees of the division of animal health in the department of food and agriculture especially designated as agents by the director.
“Contagious disease”, such disease as is recognized by the United States department of agriculture, animal health division, to be contagious or infectious.
“Director”, director of animal health.
“Division”, the division of animal health of the department of food and agriculture.
“Domestic animals”, all animals including poultry that are kept or harbored as domesticated animals. Poultry as used in this section shall include chickens, roosters, capons, hens, turkeys, pigeons, guinea fowl, and ducks and geese other than wild species.
“Guard Dog Business”, the business of furnishing, whether by lease or sale, dogs trained as guard dogs to protect life or property, or of training such guard dogs.
“Hearing dog”, a dog that has completed a program of professional training to aid deaf and hearing impaired individuals whenever such dog is professionally trained by a person engaged in the hearing dog business to aid the deaf and actually being used for such purpose, or a dog owned by a person engaged in the hearing dog business within the commonwealth during the period such dog is being trained or bred for such purpose.
“Hearing dog business”, the business of furnishing, whether by lease, sale or otherwise, dogs trained as hearing dogs, or of training such hearing dogs.
“Inspector”, inspector of animals appointed under section fifteen or sixteen.
“Pet shop”, every place or premise where birds, mammals or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange or gift.
attendance and testimony of witnesses Section 10. The director may examine on oath all persons who are believed to possess knowledge of material facts relative to the existence or dissemination, or danger of dissemination, of contagious diseases among domestic animals, or relative to any other matter within the provisions of this chapter, and, for the purposes of this chapter, shall have all the powers vested in justices of the peace by chapters two hundred and twenty-two and two hundred and thirty-three to take depositions, to compel witnesses to attend and testify before him and to administer oaths. Witnesses shall receive the same fees for attendance and travel as witnesses before the courts. The expense of procuring the attendance of such witnesses shall be paid by the commonwealth. Copies of the records of the division, or of any order, rule or regulation issued by the director, if duly certified by the clerk, and any certificate by the clerk of the issuing, recording, delivering or publishing of such orders, rules or regulations under this chapter, shall be competent evidence of such fact in any tribunal.
post mortem examination Section 11. If the director, or one of his agents, by examination of a case of contagious disease of domestic animals, except foot and mouth disease, is of opinion that the public good so requires, he shall cause the diseased animal to be securely isolated or to be killed without appraisal or payment. An order for killing shall be issued in writing by the director, may be directed to an inspector or other person, and shall contain such direction as to the examination and disposal of the carcass and the cleansing and disinfection of the premises where such animal was condemned as the director considers expedient. A reasonable amount may be paid from the treasury of the commonwealth for the expense of such killing and burial. If thereafter it appears, upon post mortem examination or otherwise, that such animal was free from the disease for which it was condemned, an appraisal of such animal shall be made and the amount of appraisal value therefor shall be paid to the owner by the commonwealth, except as otherwise provided in section fourteen relative to foot and mouth disease.
partial compensation Section 13A. All sheep and other domestic animals which are affected with, or have been exposed to, scrapie shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An order for killing and for the disposal of carcasses shall be issued in writing by said director, and may be directed to an agent, inspector or other person. The director may appoint persons to make appraisals on live stock, the destruction of which is ordered under this section, and fifty per cent of the full value of such live stock, as determined by the appraisal, may be paid from the annual appropriation for the extermination of contagious diseases among domestic animals. If the federal government appropriates monies for payment of a certain portion of the value of any animals destroyed under this section, the amount of payment by the commonwealth for such animals shall be limited to the difference between such federal payment plus the net salvage received by the owner, and the full value as herein determined, which amount shall not exceed fifty per cent of such value.
mouth disease; disinfection or destruction of buildings Section 14. All neat cattle and other domestic animals, which are affected with, or have been exposed to, foot and mouth disease, shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An order for killing and for the disposal of carcasses shall be issued in writing by said director, and may be directed to an agent, an inspector, or other person. The said director shall also issue such directions for the cleansing and disinfection of buildings, premises and places in which foot and mouth disease exists or has existed, and of property which may be on or contained therein, as in his opinion may be necessary or expedient. Any property on such premises which may be, in the opinion of the director or of his agents, a source of contagion may be destroyed by order of the director. The necessary expenses incurred in carrying out this section may be paid from the annual appropriation for the extermination of contagious diseases among domestic animals. The director may appoint persons to make appraisals on live stock and other property the destruction of which is ordered under this section, and fifty per cent of the full value of such live stock and other property, as determined by the appraisal, may be paid from the annual appropriation aforesaid. If the United States government makes an appropriation for payment of a certain portion of the value of any animals and property destroyed under this section, the payment by the commonwealth for such animals or property shall be limited to the difference between such portion and the full value thereof determined as herein provided, which shall not be in excess of fifty per cent of such value.
with vesicular stomatitis or vesicular exanthema Section 14A. All domestic animals which are affected with vesicular stomatitis, or vesicular exanthema, as determined by the director, shall be quarantined.
Animals which are affected with vesicular exanthema, as determined by the director, shall be slaughtered at a slaughtering establishment under federal supervision and the products of such animals shall be processed. Animals affected with vesicular stomatitis shall be disposed of as the director directs.
All such animals, either too small, or too young, to be of value commercially as meat, shall be disposed of as the director directs. The director shall make such rules and regulations in respect to the importation into the commonwealth of such animals or products therefrom as he may deem necessary.
The director shall also issue such directions for the cleansing and disinfection of buildings, premises and places in which vesicular stomatitis or vesicular exanthema exists, or has existed, and of property which may be on or contained therein, as in his opinion may be necessary or expedient, and no such buildings, premises, places and property shall be again used for the raising, care or maintenance of such animals until so authorized by the director in writing. No rules or regulations shall take effect until approved by the governor and council.
Section 14B. The word “garbage” means any meat waste, or meat waste combined with any other food waste, resulting from handling, preparation, cooking and consumption of foods, including animal carcasses or parts thereof.
The word “person” means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or other entity, except that it shall not mean a person who feeds garbage to swine which are raised for such person’s own use.
No person shall feed garbage to swine without first securing a permit therefor from the director. Such permits shall be secured before January first, nineteen hundred and fifty-four, and shall be renewed on the first day of January of each year thereafter.
Any person desiring to obtain a permit to feed garbage to swine shall make written application therefor to the director in accordance with the requirements of the division of animal health. At the time of filing such application the applicant shall pay to the division of animal health a permit fee, the amount of which shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven for the filing thereof.
Upon determination that any person having a permit issued under this section, or who has applied for a permit hereunder, has violated or failed to comply with any of the provisions of this section, or any of the rules and regulations promulgated thereunder, the director, subject to the approval of the commissioner of agriculture, may revoke such permit or refuse to issue a permit to an applicant therefor.
On and after January first, nineteen hundred and fifty-four, all garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to at least 212° F for at least thirty minutes, unless treated in some other manner which shall be approved in writing by the director as being equally effective.
The director shall cause the premises of all permit holders to be inspected semi-monthly for the purpose of carrying out the provisions of this and the preceding sections.
Any authorized representative of the division of animal health shall have the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the treating of garbage to be fed to swine as required by this section.
Any authorized representative of the division of animal health may examine any records or memoranda pertaining to the feeding of garbage to swine. The division of animal health may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the division of animal health on request.
owners Section 14C. All hogs which are affected with, or have been exposed to, hog cholera, shall be quarantined and appraised by an appraiser of the division of animal health in the department of food and agriculture, hereinafter called the division, or an appraiser appointed by the United States Department of Agriculture, animal health division. Any such hogs as the director of the division may determine shall be slaughtered and their carcasses shall be disposed of in such manner as said director may determine. The commonwealth shall pay to the owner of such hogs so slaughtered one half of their value as determined by said appraisal, but not to exceed fifty dollars for a purebred and forty dollars for a grade, said payment to be made from the amounts appropriated therefor; provided, however, that if the federal government undertakes to pay part of the cost of any hogs destroyed, as provided in this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment hereinbefore provided. No payment shall be made as herein provided unless the director has determined that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of hog cholera. All determinations of value made under this act shall be at fair market value.
testing Section 14D. All hogs which are affected with, or have been exposed to brucellosis shall be quarantined and tested by the director or his agent, or by an agent of the animal health division of the United States department of agriculture. The director may, in his discretion, slaughter any such hogs and their carcasses shall be disposed of in such manner as he may determine. No person shall transport hogs into the commonwealth until said hogs have been inspected and passed as healthy. Said inspection shall include certification of a negative brucellosis test within thirty days of importation into the commonwealth and a certificate of health by a veterinarian inspector of the animal health division of the United States department of agriculture or a veterinarian of the state of origin, authorized by said state and approved by said animal health division.
into commonwealth Section 14E. All breeding swine imported into the commonwealth shall enter directly from a qualified-free herd, as indicated by a health certificate, and shall be negative to a serum neutralization test for pseudorabies conducted within thirty days prior to entry. Said entering swine shall be kept in isolation upon entry and be retested for pseudorabies between thirty and sixty days post entry. Feeder or slaughter swine entering the commonwealth shall originate from such qualified-free herd and shall be held at first destination until consigned to slaughter. If first destination is the premise of a licensed swine dealer, said feeder swine may be resold for feeding and slaughter only upon individual identification and permit from the division of animal health. No swine shall be transported into the commonwealth if such swine had previously been pseudorabies vaccinated.
Section 15. The city manager in cities having a plan D or plan E charter, the mayor in all other cities, except Boston, the town manager in towns having a town manager form of government and the selectmen in all other towns shall annually, in March, nominate one or more inspectors of animals, and before April first shall send to the director the name, address and occupation of each nominee. Such nominee shall not be appointed until approved by the director.
In a town which has a board of health and accepts this paragraph, the nomination of such inspectors shall be made by the board of health and not by the selectmen or town manager.
appointment by director Section 16. A town shall, for each refusal or neglect of its officers to comply with the requirements of the preceding section, forfeit not more than five hundred dollars. The director may appoint one or more inspectors for such town, and may remove an inspector who refuses or neglects to be sworn or who, in the opinion of the director, does not properly perform the duties of his office and may appoint another inspector for the residue of his term.
of towns Section 17. Each inspector shall be sworn to the faithful performance of his official duties, and shall receive from the town for which he is appointed reasonable compensation, if appointed by the town, or such compensation as shall be fixed by the director, but not in excess of five hundred dollars a year, if appointed by the director. Towns having a valuation of less than two and one half million dollars shall be reimbursed by the commonwealth, upon certificate of the selectmen, approved by the director, for one half of such compensation, not exceeding two hundred and fifty dollars for each inspector in any one year.
Section 18. Each inspector shall comply with and enforce all orders and regulations directed to him by the director. If he refuses or neglects so to do, he shall be punished by a fine of not more than five hundred dollars.
Section 19. Inspectors shall make regular and thorough inspections of all neat cattle, sheep and swine found within the limits of their respective towns. Such inspections shall be made at such times and in such manner as the director shall from time to time order. They shall also from time to time make inspections of all other domestic animals within the limits of their respective towns if they know, or have reason to suspect, that such animals are affected with or have been exposed to any contagious disease, and they shall immediately inspect all domestic animals and any place where any such animals are kept whenever directed so to do by the director; but this section shall not apply to the inspection of sheep or swine slaughtered in wholesale slaughtering establishments, or to the obtaining of a license for the slaughtering of such sheep or swine.
Section 2. The director may make and enforce reasonable orders, rules and regulations relative to the following: the sanitary condition of neat cattle, other ruminants and swine and of places where such animals are kept; the prevention, suppression and extirpation of contagious diseases of domestic animals; the establishing of disease-free herds of cattle and the issuing of certificates in connection therewith; the inspection, examination, quarantine, care and treatment or destruction of domestic animals affected with or which have been exposed to contagious disease, the burial or other disposal of their carcasses, and the cleansing and disinfection of places where contagion exists or has existed. No rules or regulations shall take effect until approved by the governor and council.
Section 20. An inspector who is satisfied, upon an examination of any neat cattle, sheep or swine, that they are free from contagious disease, shall deliver to the owner or to the person in charge thereof a written certificate of their condition, in such form as the director shall prescribe, signed by the inspector, and shall enter a copy of said certificate upon his records.
records Section 21. An inspector who, upon an examination of a domestic animal, suspects, or has reason to believe, that it is affected with a contagious disease shall immediately cause it to be quarantined or isolated for 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 shall take such other sanitary measures to prevent the spread of such disease as may be necessary or as shall be prescribed by any order or regulation of the director. He shall also deliver to the owner or person in charge of such animal, or to any person having an interest therein, a written notice or order of quarantine signed by him, in such form as the director shall prescribe, and shall enter a copy of said notice upon his records.
return; evidence Section 22. Such notice or order may be served by an inspector or officer qualified to serve civil process, 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 animal concerned, or by posting upon the premises where said animal is quarantined or isolated. A copy thereof, with the return of said officer or inspector thereon that such service has been made, shall be competent evidence in any court that such quarantine has been imposed. If an animal has been so quarantined, it shall remain in quarantine until the further order of the director.
Section 22A. The provisions of sections twenty-one and twenty-two shall not apply to dogs owned by police departments or police agencies of the commonwealth or any of its political subdivisions when such dogs are under the direct supervision, care and control of a police officer, have been vaccinated as provided in section one hundred and forty-five B of chapter one hundred and forty, and are subject to routine veterinary care.
Section 23. Inspectors shall, in addition to their inspections of animals for contagious diseases, examine the places in which neat cattle are kept, with reference to their situation, cleanliness, light, ventilation and water supply, and the general condition and cleanliness of the said neat cattle, and shall make a detailed report, with names and residences of owners, to the director.
Section 24. An inspector who has caused a domestic animal to be quarantined, as provided in section twenty-one, shall immediately give a written notice thereof, with a copy of the order of quarantine, to the director, and shall give such information to no other person.
Section 25. Each inspector shall keep a record of all inspections made by him and of his doings therein, and shall make regular returns thereof to the division, but such returns need not be retained for more than two years, and may then be destroyed or disposed of by their lawful custodian, and any proceeds received in the course of their disposal shall be paid to the commonwealth. The director shall prescribe the form in which and the times at which such records and returns shall be made, and may at any time inspect them and make copies thereof.
Section 26. The provisions of this chapter relative to the duties of inspectors shall apply to persons officially performing the functions of inspectors in Boston.
inspection; certificate of health Section 26A. Whoever ships, drives or transports into the commonwealth cattle to be used for dairy purposes, unless they have been inspected or passed as healthy by a veterinary inspector of the United States department of agriculture, animal health division, or a veterinarian of the state of origin authorized by the state and approved by said animal health division and are accompanied by a certificate of health approved by the proper livestock officials of the state of origin stating that each such animal six months of age or over was negative to an agglutination blood test for Bangs’ abortion disease applied in accordance with rules and regulations made by the director and approved by the governor, shall be punished by a fine of not more than two hundred dollars.
restriction on sale, transportation or importation Section 26B. No person shall buy, sell or transport within or import into the commonwealth hatching eggs, baby chicks or live poultry, except poultry intended for immediate slaughter or for exhibition subject to permit granted by the state department of agriculture, unless such hatching eggs are the produce of flocks which meet, and such baby chicks or live poultry meet or are the first generation progeny of flocks which meet, the minimum requirements for “pullorum passed” or “pullorum clean” grades of poultry, as established by the commissioner of agriculture, or the equivalent thereof. Whoever, himself or by his servant or agent, violates any provision of this section shall be punished for the first offence by a fine of not more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than two hundred dollars.
diseased animals Section 27. Animals brought into this commonwealth from places which in the opinion of the director are infected, may be seized and quarantined by the director at the expense of their owners or consignees, so long as the public safety requires; and, if in his opinion safety so requires, he may cause such animals to be killed without appraisal or payment.
Section 28. The board of health of a town, any member or agent thereof or any other person who has knowledge of or reason to suspect the existence of any contagious disease among any domestic animals in the commonwealth, or that any domestic animal is affected with a contagious disease, whether such knowledge is obtained by personal examination or otherwise, shall immediately give written notice thereof to the director, or to an inspector for the town where the animal is kept. Whoever fails to give such notice shall be punished by a fine of not more than one hundred dollars. Upon the receipt of such notice by said inspector, he shall proceed as provided in sections twenty-one, twenty-two, twenty-four and twenty-nine. Upon receipt of such notice by the director he shall inspect or cause his agent to inspect such animal, and thereafter shall proceed as provided in section eleven or fourteen, as the case may be.
Section 29. If animals have been quarantined, collected 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; but if specific animals have been quarantined or isolated under section eight or twenty-one for more than ten days upon such premises, as suspected of being affected with a contagious disease, and the owner is forbidden to sell any of the product thereof for food, or if animals have been quarantined, collected or isolated on any premises other than those of such owner or person in possession thereof, the expense of such quarantine shall be paid by the commonwealth, except that, in the case of any animal quarantined for biting or scratching a person, the expense of such quarantine shall be paid by the county in which the injury was inflicted.
Section 3. The director shall make and prescribe forms for records of inspectors, certificates of examination, notices and orders of quarantine, notices and orders for killing and burial, and for returns of inspectors required by this chapter.
quarantine; penalty Section 30. An animal which has been quarantined or isolated by order of the director or of his agent, or of an inspector, shall, during the continuance of such quarantine or isolation, be deemed to be affected with a contagious disease. Whenever an animal has been released from quarantine by order of the director the same animal shall not again be quarantined or isolated by an inspector during the period of thirty days immediately following such release except upon order of the director. Whoever knowingly breaks or authorizes or causes to be broken a quarantine so imposed, or whoever, contrary to such order of quarantine or isolation, knowingly removes an animal or authorizes or causes it to be removed from a building, place or enclosure where it is quarantined or isolated, or whoever, contrary to an order or notice of quarantine, knowingly places or causes or authorizes to be placed any other animals within a building, place or enclosure where an animal is quarantined, or in contact therewith, or whoever knowingly conceals, sells, removes or transports, or knowingly causes or authorizes to be concealed, sold, removed or transported, an animal, knowing or having reasonable cause to believe that it is affected with a contagious disease, or whoever knowingly authorizes or permits such animal to go at large upon any public way within the commonwealth, or whoever knowingly brings or authorizes or permits to be brought from another country, state, district or territory into this commonwealth, an animal which is affected with or has been exposed to a contagious disease, or whoever disobeys a lawful order or regulation of the director or of any of his agents or of inspectors in the performance of their duty under this chapter, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
damages Section 31. If an owner is entitled to compensation for the killing of an animal or the destruction of other property under this chapter, and cannot agree with the director as to its value, the director and the owner may each select an arbitrator, and if the owner neglects or refuses to select an arbitrator within twenty-four hours after notice that the director has selected one, the arbitrator selected by the director may select another. In each case if the two arbitrators cannot agree as to the value, they may select a third. The arbitrators shall be sworn to the faithful performance of their duties and shall determine the value within the limits provided by sections eleven to fourteen, inclusive, and the amount so fixed shall be paid to the owner.
If the owner’s right to compensation is in dispute, if either party prefers to submit the amount of damages to judicial determination, or if the award of the arbitrators is unsatisfactory to either party, the owner or the director may, within thirty days after the killing of such animal or the destruction of such property, or, if arbitrators have been appointed, within thirty days after the date of their award, file a petition for the assessment of damages in the superior court for Suffolk county or for the county where the killing or destruction occurred. A copy of the petition shall be served upon the adverse party. If upon such petition it appears that the owner is entitled by law to compensation, the damages shall be assessed under chapter seventy-nine within the limits provided by sections eleven to fourteen, inclusive, of this chapter. The damages, costs and expenses incurred by the director in prosecuting or defending the petition shall be paid by the commonwealth.
commonwealth; statement as to use; application to common carriers Section 31A. Every person who, himself or by his servant or agent, ships from a place within the commonwealth or otherwise delivers any tuberculin to a person within the commonwealth shall forthwith file with the director a written statement containing the name and address of the person to whom the same was shipped or delivered as aforesaid and the quantity thereof. Every person receiving tuberculin for use in connection with domestic animals shall forthwith after such use file with the director a written statement containing the name and address of the person whose cattle have been tested with such tuberculin and of the person from whom the same was received, together with records of said test upon blanks furnished by the director. Whoever violates any provision of this section shall be punished for the first offence by a fine of not less than twenty-five nor more than one hundred dollars and for a subsequent offence by a fine of not less than fifty nor more than five hundred dollars. This section shall not apply to common carriers, their servants or agents.
Section 32. Tuberculin as a diagnostic agent for the detection of tuberculosis in domestic animals shall be used only upon cattle brought into the commonwealth and upon cattle in quarantine stations; but it may be used as such diagnostic agent on any animal in any other part of the commonwealth, with the written consent of the owner or person in possession thereof, and upon animals which have been reported as tuberculous upon physical examination by a competent veterinary surgeon, and also as provided in section thirty-three B. Such tests by the use of tuberculin shall be made without charge to citizens of the commonwealth, and in all other cases the expense of such tests shall be paid by the owner of such animals or by the person in possession thereof.
test; appraisals Section 33. Except as otherwise provided, a person who has animals tested with tuberculin shall not be entitled to compensation from the commonwealth for any animals which react to the tuberculin test unless they have been tested by the director or qualified veterinarians acting under his authorization and have been owned and kept by the owner applying for the test on the premises where tested for a period of not less than sixty days next prior to the date of said test or have been admitted to the herd on a test approved by the director. The director may prescribe rules and regulations for the inspection of cattle by the application of the tuberculin test and for the segregation, sale or slaughter of reacting animals; but no inspection by the application of such test shall be made unless an agreement has previously been entered into for such inspection and application with the owner of the animals, except as provided in section thirty-three B. If, in the opinion of the director, any of the animals react to the test and are slaughtered in consequence thereof, the owner shall be reimbursed by the commonwealth in the manner hereinafter provided. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damages shall be within the limits prescribed by this section. The commonwealth shall, within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or of an award under section thirty-one, pay to the owner of any animal slaughtered under authority of any rules or regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of the difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed two hundred dollars for any grade animal or two hundred and fifty dollars for any pure-bred animal; and provided, further, that no payment shall be made for any animal if, since the previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine tuberculosis. If the federal government undertakes to pay part of the cost of any animal destroyed, as provided in this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment hereinbefore provided.
removal of tag; disposition of tagged animals Section 33A. Any bovine animal which reacts to a tuberculin test shall immediately be tagged for identification by the veterinarian, who has applied such test, by inserting into the external ear of the reacting animal a special metal tag provided by the director. Any person who removes any such tag attached as above provided, or who in any way disposes of any animal which has reacted to a tuberculin test except for the purpose of immediate slaughter, or who neglects or refuses to have slaughtered a reacting animal sold to him for that purpose, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
tests of bovine animals; modified accredited areas; violation of terms of quarantine Section 33B. The director may, upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city or town, or upon like application by the owners of eighty-five per cent of such cattle, declare said city or town a quarantine area and may proceed to test by the tuberculin test or otherwise all bovine animals within said area. Whenever not less than eighty-five per cent of the cattle permanently kept in the commonwealth are being tested for bovine tuberculosis under the supervision of the director or of the appropriate federal officials, the director may declare the entire commonwealth to be a quarantine area and may proceed to test by the tuberculin test or otherwise all bovine animals within the commonwealth. If the director finds and declares that such a city or town or the commonwealth, as the case may be, is substantially free from bovine tuberculosis, he may proclaim it to constitute a modified accredited area and may prescribe rules and regulations, subject to the approval of the governor and council, prohibiting the shipment or transportation into the same of any bovine animals without a permit and health certificate issued by the director or some officer designated by the director for the purpose. Whoever violates the terms and conditions of any such quarantine or any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
brucellosis of bovine animals; modified certified brucellosis free area; violation of terms of quarantine Section 33C. The director may upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city, town or county, or upon like application by the owners of eighty-five per cent of such cattle, declare said city, town or county a quarantined area, and may proceed to test for brucellosis by an approved method for the detection of brucellosis all bovine animals within said area. If the director finds and declares said city, town or county is substantially free from bovine brucellosis, he may proclaim it to constitute a modified certified brucellosis free area and may prescribe rules and regulations, subject to their approval by the governor and council, prohibiting the shipment or transportation into said area of any bovine animal without a permit and health chart issued by the director or some person designated by the director for this purpose. Whoever violates the terms and conditions of any such quarantine or any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
identification of animals; destruction Section 33D. Prior to the first day of January, nineteen hundred and fifty-eight, the director may, upon written application of the owner, test cattle and thereafter shall test all cattle by an approved method for the detection of brucellosis. Said director shall provide for the drawing and collecting of the blood samples and for the laboratory testing. He shall cause any such animal reacting positively to any test for brucellosis to be identified by the branding of the letter B, which shall be at least two inches by two inches, on the left jaw, and the insertion of a reactor tag in the left ear, and to be quarantined. Prior to the first day of January, nineteen hundred and sixty, such reactors may be kept on the farm where tested under quarantine and moved only by permit. All such reactors when removed from the farm shall be disposed of for immediate slaughter under official supervision. If the reaction of any animal to a test for brucellosis is doubtful it shall be identified and quarantined, and shall not be disposed of without written permission of the director. The commonwealth shall not be liable for any damage incurred by any such test.
Section 34. No compensation shall be allowed by the commonwealth to an owner of condemned cattle who has failed to comply with the reasonable regulations of the director relative to cleanliness, ventilation, light, disinfection and water supply. An owner of cattle who refuses to comply with any such regulation shall be punished by a fine of not more than fifty dollars.
Section 35. Texan, Mexican, Cherokee, Indian or other cattle, which the director has reason to believe may spread contagious disease, shall not be driven on any public way or road, or outside the stockyards connected with any railroad in the commonwealth, contrary to an order of the director, and they shall be kept in different pens from those in which other cattle are kept in all stockyards in the commonwealth. Whoever violates any provision of this section shall be punished by a fine of not less than twenty nor more than one hundred dollars.
Section 36. Whoever kills an animal or causes it to be killed, with the consent of the owner or person in possession thereof, upon suspicion that it is affected with or has been exposed to a contagious disease, and who, upon the inspection of the carcass thereof, finds or is of opinion that it is affected with a contagious disease, shall forthwith notify such owner or person in possession thereof, and the director or an inspector for the town where such animal was kept, of the existence of such disease, and of the place where the animal was found, the name of the owner or person in possession thereof and of the disposal made of such carcass. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.
positive reactors; transportation of unvaccinated bovine animals Section 36B. The director shall cause all female calves to be vaccinated against brucellosis, commonly known as bangs disease, when they are from the ages of four to eight months, inclusive. Calves shall be vaccinated by an approved licensed veterinarian designated by the director and only with vaccine produced at establishments licensed under the federal Virus-Serum-Toxin Act, or at establishments in the commonwealth approved by the director, and the expense thereof shall be borne by the commonwealth. The director shall make the necessary rules for the handling of the vaccine and the method of vaccination. Any person refusing to have his calves vaccinated shall not be permitted to move any of his cattle from his premises except for immediate slaughter, unless such cattle react negatively to an approved blood test for brucellosis. Each veterinarian shall make a report of all animals vaccinated by him on forms furnished by the director. The commonwealth shall not be liable for any damages incurred or alleged to have been incurred by the use of vaccine. Whenever any cattle are tested for brucellosis and determined to react positively to such tests, or are vaccinated against brucellosis, the owner of the cattle shall cause them to be permanently identified in accordance with regulations prescribed by the director. It shall be unlawful for a person to transport or offer for transport any unvaccinated bovine animal over six months of age, and any vaccinated bovine animal over eighteen months of age that has been tested for brucellosis and has reacted positive to such tests, except cattle moved under permit issued by the director to slaughtering establishments under state or federal inspection. Any person, firm or corporation who buys, sells or transports any cattle known to be positive to an approved test for brucellosis, except animals under eighteen months of age and accompanied by a certificate of vaccination or except unvaccinated animals less than six months of age or except animals for immediate slaughter, shall be fined not more than two hundred dollars for each animal bought, sold or transported.
Section 36D. Vaccinated animals which are over eighteen months of age may be imported into the commonwealth if within thirty days prior to entry they have reacted negatively to an approved blood test conducted in a laboratory approved by the state of origin. Vaccinated animals eighteen months of age and under may be imported into the commonwealth without such blood test if accompanied by a certificate stating the animals have been vaccinated between the ages of four to eight months, inclusive, by a veterinarian duly licensed by the state of origin of said animals.
five months of age Section 36E. Subject to rules promulgated by the commissioner of food and agriculture, the director may prohibit the importation of female cattle, for breeding purposes, over five months of age without an official certificate of vaccination stating such female cattle have been vaccinated for brucellosis from the ages of four to eight months, inclusive.
Section 36F. The director, his authorized agent or a duly licensed veterinarian designated by the director may conduct such blood tests for brucellosis of all cattle imported into the commonwealth which are over five months of age, as will aid in the effective control of brucellosis.
animals reacting positively to blood test for brucellosis; appraisal Section 36G. If any animal tested by an approved licensed veterinarian designated by the director under this section reacts positively to an approved blood test for brucellosis and is slaughtered in consequence thereof, or if any animal does not react positively but has been exposed to brucellosis in an infected herd, said animal may be slaughtered because of such exposure to the positive reactors in accordance with the recommended uniform methods and rules published by the veterinary services of the animal and plant health inspection service of the United States Department of Agriculture. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damage shall be within the limits prescribed by this section. The commonwealth, shall within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or award under said section thirty-one, pay to the owner of any animal slaughtered under authority of any rules and regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of any difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed one hundred and fifty dollars for any grade animal or two hundred dollars for any purebred animal; and provided, further, that no payment shall be made for any such animal unless it was kept by the owner applying for the test on the premises where tested for at least sixty days next prior to the date of said test, or unless it was admitted to the herd on a test approved by the director and provided, further, that no payment shall be made for any animal if, since a previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine brucellosis. If the federal government pays part of the value of any animal slaughtered under this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment as hereinbefore provided.
Section 36H. The director may after a hearing grant, in suitable cases, waivers of compliance with the provisions of sections thirty-six B, thirty-six D, thirty-six E and thirty-six F.
commissioner of agriculture, district and superior courts Section 37. As used in this section, the word “commissioner” shall mean the commissioner of agriculture or his designee, and any rules, regulations, orders, licenses or permits issued under this chapter. The commissioner may assess administrative fines, not to exceed $500 per offense, for violations of this chapter. Each animal involved in a violation may constitute a separate offense, and each day that a violation continues after receipt of written notice of such violation from the department may constitute a separate offense. Total fines assessed in any given action under this section shall not exceed $10,000. The commissioner may deny any application for, suspend or revoke any license or permit issued under this chapter upon a finding of consistent or continual failure to keep or produce records required by this chapter. Denial, suspension or revocations shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction. Without alleging or proving the lack of other adequate remedies at law, the commissioner may apply for an injunction to restrain any violation of this chapter in order to protect human or animal health. The remedies provided in this section are available in addition to, and without limiting, any other penalties provided by law or equity, in this chapter or elsewhere. The district and superior courts shall have concurrent jurisdiction to enforce this chapter and to restrain violations thereof. Enforcement actions brought under this section and appeals thereof shall conform to the applicable provisions of chapter 30A and hearing regulations promulgated thereunder. The commissioner may promulgate regulations to implement this section. The commissioner may issue orders necessary to enforce this chapter and to restrain violations thereof. Such orders shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction.
Section 38. The commissioner of food and agriculture shall make an annual report of the acts of the director, including therein the information obtained from inspectors under section twenty-three.
porcine animals; fee Section 39. Every person engaging in the business of dealing in bovine and porcine animals shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The director shall, subject to the approval of the commissioner of food and agriculture and of the governor, 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 bovine and porcine animals and the method and time of inspection and checking of said animals.
inspections Section 39A. Every person engaged in the business of operating a pet shop, shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director, subject to the approval of the governor, may 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 the birds, mammals or reptiles and the method and time of inspection and checking of said animals.
This section shall not apply to a publicly or privately owned zoological park, a publicly owned animal pound, an institution, as defined in section one of chapter forty-nine A, to persons selling, exchanging or otherwise transferring the offspring of their personally owned animals, or to horse or cattle auctions.
Section 39B. Every person engaged in operating a guard dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such licenses shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may 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 the premises and conveyances, the health of the dogs and the method and time of inspection of such businesses.
Section 39C. Every person engaged in the hearing dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may make rules and regulations governing the issuance and revocation of such licenses and the conduct of any business so licensed, and relative to the maintenance of premises, buildings and conveyances, the health of the dogs and the method and time of inspection of such dogs and such business.
The director shall promptly furnish to the director of the office of deafness the name and address of each person licensed to conduct a hearing dog business, and the person so licensed shall promptly furnish to the director of the office of deafness with the name and address of each person to whom a hearing dog is furnished. A hearing dog shall, for identification purposes, be fitted with a collar and leash which are of a bright color.
facilities Section 39D. A person engaged in the hearing dog business, while actually engaged in the training process and activities of hearing dogs, shall have the same rights, privileges and responsibilities with respect to access to public facilities as those applicable to deaf persons.
Section 39E. As used in the section, the word “livestock” shall include all bovine, ovine, caprine, porcine, equine animals and poultry. The word “poultry” shall include all domesticated birds including, but not limited to, chickens, turkeys, guineas, exotic and game birds. Every person engaged in the business of auctioning livestock shall obtain a license therefore from the director, the fee for which shall be determined by the secretary of administration and finance, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The department of food and agriculture may make rules and regulations governing the issuance and revocation of such licenses, and relative to matters relating to this section including, but not limited to, record-keeping, facility maintenance, animal identification, animal health and methods and times for inspecting and checking animals.
Section 39F. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.
S.
C. sections 12101 et seq.
Section 4. The director may designate an employee of the division as clerk who shall keep the records of the division, shall certify copies of such records or of any order, rule or regulation issued by the director, and shall make any certificates of issuing, recording, delivering or publishing of orders required under this chapter.
transportation of bovine or porcine animals; fee; revocation Section 40. Each vehicle used for the transportation of bovine or porcine animals by any person engaged in the business of dealing in such animals, when operated on any way in the commonwealth, 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 upon the payment of a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. 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.
Section 40A. No person shall use, sell, expose for sale, deliver, give away, have in his possession, introduce or deliver for introduction into commerce any hog cholera vaccine.
persons transporting bovine animals; exhibition on demand Section 41. All persons who transport bovine animals upon any public way in connection with the purchase or sale thereof, shall have in their possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals, breed, eartag number or other means of identification of each animal.
Any person transporting bovine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve criminal process.
No person shall accept any bovine animal over six months of age which has been transported over any such way unless accompanied by such bill of sale or memorandum. The person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of each animal.
This section shall not apply to such licensees under section thirty-nine as are exempted from the provisions hereof by the director, by rules or regulations made under the authority of said section thirty-nine.
Section 42. No person, other than a licensed veterinarian or an agent of the director, shall tag a bovine animal with a state or federal identification tag.
Section 43. Whoever violates any provisions of sections thirty-nine to forty-two, inclusive, or of any rule or regulation made under section thirty-nine or thirty-nine A, shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.
infectious anemia; certification Section 44. No person shall import into the commonwealth any equine animal without a certificate relative to such animal from a laboratory approved by the United States Department of Agriculture, dated within one year from the time of such importation certifying a negative test for infectious equine anemia by a method approved by the United States Department of Agriculture for detecting said disease. Whoever violates any provisions of this section, or of any rule or regulation promulgated hereunder, shall be punished for a first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one-half years, or both.
animals Section 44A. Any equine animal positive to a test approved by the United States Department of Agriculture for the detection of equine infectious anemia may be humanely destroyed; provided, that such destruction is observed by an agent of the division or of the United States department of agriculture, or may be so destroyed by a licensed veterinarian who shall report such destruction to the division, or may be sold or given under a permit from the division to an approved slaughter house or research facility, or, at the owner’s option, may be retained under quarantine and held in isolation on the owner’s premises; provided, however, that it may be pastured, ridden or driven on the owner’s premises within a radius of two hundred yards of where it is stabled, provided, that no other horses are stabled or normally ridden or pastured within that area. Upon the discovery of one or more test positive animals within a quarter of a mile of where such animal is normally stabled, all such reactor animals shall be quarantined to screened stalls.
Section 45. 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 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 animals. The purpose is to prohibit the transportation and slaughter of horses by inhumane means.
animals Section 46. 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.
Section 47. A person who transports equine animals for immediate slaughter upon any public way in connection with the purchase or sale thereof, shall have in his possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals and means of identification of each animal. Any such person transporting such equine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve a criminal process. No such person shall accept any such equine animal which has been transported over any such way unless accompanied by such bill of sale or memorandum. Such person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of such animals. Horses intended for immediate slaughter shall not be required to have a certificate as provided in section forty-four.
Section 48. Whoever violates any provisions of section forty-five to forty-seven, inclusive, or any rule or regulation made under section forty-five shall be punished for the first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.
records; publication Section 5. All orders, rules and regulations made by the director shall be entered on the records of his division and a copy thereof shall be sent to each inspector in the town to which the orders, rules or regulations apply, and shall be published by such inspector in the manner prescribed by the order, rule or regulation.
constables and police officers Section 6. Sheriffs, constables and police officers shall upon request of the director or an inspector assist him in the performance of his duties and shall have the same powers and protection, while so engaged, as peace officers.
Section 7. For the purpose of inspecting or examining animals or the places where they are kept, the director, any of his agents or an inspector, duly qualified, may enter any building or part thereof or any enclosure or other place, and may examine or inspect such animals or places. Whoever prevents, obstructs or interferes with such director, agent, inspector or other person having like authority in the performance of any of his duties, or whoever hinders, obstructs or interferes with his making such inspection or examination, or whoever secretes or removes any animal, for the purpose of preventing it from being inspected or examined, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.
Section 8. The director may establish hospitals or quarantine stations, with proper accommodations, wherein, under prescribed regulations, animals selected by him may be confined and treated for the purpose of determining the characteristics of a specific contagion and the methods by which it may be disseminated or destroyed, and he may direct inspectors to enforce and carry into effect all regulations made from time to time for that purpose.
Cruelty to Animals; Animal Rescue League of Boston; agents; powers and duties Section 9. The agents of the Massachusetts Society for the Prevention of Cruelty to Animals and the agents of the Animal Rescue League of Boston may visit all places at which neat cattle, horses, mules, sheep, swine or other animals are delivered for transportation or are slaughtered, any pet shop where animals, birds, fish or reptiles are sold, or exhibited, or for sale, any guard dog business, any hearing dog business and any stable where horses are kept for hire or boarded for a fee, or any licensed kennel where animals are boarded for a fee or any animal dealer licensed with the United States Department of Agriculture, for the purpose of preventing violations of any law and of detecting and punishing the same and such agents shall have the power to prosecute any such violation coming to their notice. Records of inspection made under authority of this section shall be filed with the office of the division of animal health, within the department of agriculture no later than three months after such inspection. Any person who prevents, obstructs or interferes with any such agent in the performance of such duties shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.
Chapter 130: Section 1. Definitions; rules of construction Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings and the following rules of construction shall apply:“Angling”, fishing with hand line or rod, with naturally or artificially baited hook.
“Canned lobster meat or crab meat”, lobster meat or crab meat preserved by heat processing, freezing, or refrigeration, and packed in a container impervious to contamination and so sealed that once opened it cannot be re-sealed and re-used for its original purpose.
“Clam”, a marine mollusk of the species Mya arenaria commonly called the soft-shell clam.
“Close season”, the time during which fish cannot lawfully be taken.
“Coastal waters”, all waters of the commonwealth within the rise and fall of the tide and the marine limits of the jurisdiction of the commonwealth, but not waters within or above any fishway or dam nor waters above any jurisdictional boundary legally established pursuant to section five of chapter one hundred and thirty in rivers and streams flowing into the sea.
“Commissioner”, the commissioner of the department of fisheries, wildlife and environmental law enforcement.
“Dealer”, any person who commercially handles fish.
“Department”, the department of fisheries, wildlife and environmental law enforcement of the executive office of environmental affairs.
“Director”, the director of the division of marine fisheries.
“Division”, the division of marine fisheries.
“Fish”, any animal life inhabiting the ocean or its connecting waters including any crustacean or marine fish, whether free swimming or free moving, and any shellfish or sea worms, whether or not imbedded in the soil. All provisions of the chapter relative to fish shall, so far as apt, apply also to lobster meat and crab meat after the same has been taken from the shell.
The verb, “to fish”, in all of its moods and tenses, to take or to attempt to take fish by any method or means, whether or not such method or means results in their capture.
“Fish car”, a box or other contrivance in coastal waters, whether floating or sunken, used for keeping fish alive.
“Lobster”, the common American lobster, of the species Homarus americanus.
“Marine fisheries”, all fisheries in coastal waters.
“Open season”, the time during which fish may lawfully be taken.
“Quahaug”, a marine mollusk of the species Venus mercenaria commonly called the hard-shell clam.
“Registered under the laws of the state”, any vessel from a Massachusetts port which is licensed to operate for commercial fishing purposes under the authority of this chapter, or any vessel from a Massachusetts port which is operated for commercial fishing purposes by any person licensed under the authority of this chapter.
“Retail dealer”, any person not a wholesale dealer who distributes fish commercially.
“Scallop”, a marine mollusk of the species Aequipecten irradians, commonly known as the cape scallop or bay scallop.
“Sea scallop”, a marine mollusk of the species Pecten magellanicus, commonly known as deep water scallop.
“Seed clam”, a soft-shell clam of a size less than the minimum prescribed in section sixty-nine and useable for planting purposes only.
“Seed quahaug”, a quahaug of a size less than the minimum prescribed in section sixty-nine and useable for planting purposes only.
“Seed scallop”, an immature scallop without the annual growth line as described in section seventy.
“Shellfish”, clams, conchs, limpets, mussels, oysters, periwinkles, quahaugs, razor clams or razor fish, scallops, sea clams, sea quahaugs, sea scallops and winkles.
“Short lobster”, any lobster measuring less than prescribed in section forty-four.
“Territorial waters”, the same as coastal waters.
“Truckman”, any person other than a common carrier, using a truck or other vehicle in distributing fish.
“Wholesale dealer”, any person who distributes fish commercially in bulk or for resale by a dealer, or who operates branch stores for the retail sale of fish.
A person who knowingly counsels, aids or assists in a violation of any provision of this chapter or of any rule or regulation made thereunder or knowingly shares in any of the proceeds of said violation by receiving or possessing fish, shall be deemed to have incurred the penalties imposed thereby upon the person guilty of such violation.
Whenever the taking of fish is authorized, reference is had to taking by lawful means and in a lawful manner.
Any reference to the taking or having in possession of a fish shall include the taking or having in possession of any part or portion thereof.
This chapter and regulations made under the authority thereof shall apply to all marine fisheries and fish within the jurisdiction of the commonwealth and to all vessels registered under the laws of the commonwealth. This provision shall not be construed to limit the authority of the director to protect anadromous fish by providing for their passage from the coastal waters to spawning grounds in streams and ponds in inland waters and to regulate fisheries contained therein for the taking of such anadromous fish.
Chapter 130: Section 10. Issuance of search warrant Section 10. A court or official authorized to issue warrants in criminal cases shall, upon a sworn complaint that the complainant believes that any fish unlawfully taken or possessed are concealed in any boat, vehicle, fish car, box, locker, crate, package, building or other particular place, other than a dwelling house, within its or his jurisdiction, if satisfied that there is reasonable cause for such belief, issue a warrant to search therefor. The warrant shall designate and describe the place to be searched and the articles for which search is to be made and, if possible, the person by whom the articles are believed to be owned, kept or possessed, and shall be directed to any officer named in section eleven commanding him to search the place where the fish for which he is required to search are believed to be concealed, and to seize such fish.
Chapter 130: Section 100. Repealed, 1978, 80 Chapter 130: Section 100A. Striped bass; regulations Section 100A. The director, with the approval of the marine fisheries advisory commission, shall, adopt rules and regulations relative to the taking, sale or possession of striped bass but in no instance shall any rule or regulation authorize the taking, sale or possession of striped bass measuring less than sixteen inches from the apex of the tail to the farthest extremity of the head. Whoever violates any rule or regulations made pursuant to this section shall be punished by a fine of not less than ten dollars for each such fish.
Chapter 130: Section 100B. Taking striped bass; methods; traps Section 100B. No person shall take, or attempt to take, with or by the use of a net, seine or any other contrivance of any kind or description, except hook and line, any striped bass within the jurisdiction of the commonwealth; provided, that it shall not be a violation of this section for any person to take striped bass by means of such seine, net or other contrivance, while fishing for other fish for the catching of which the use of such seine, net or other contrivance is permitted, if such striped bass is immediately returned to the waters from which taken. Whoever violates any provision of this section shall be punished by imprisonment for sixty days or by a fine of not less than five hundred nor more than one thousand dollars, or by both such imprisonment and fine.
Chapter 130: Section 100C. Shad; methods of taking Section 100C. No person shall take, or attempt to take, with or by the use of a net, seine or any other contrivance of any kind or description, except by hook and line, any shad within the jurisdiction of the commonwealth; provided, that it shall not be a violation of this section for any person to take shad by means of such seine, net or other contrivance, while fishing for other fish for the catching of which the use of such seine, net or other contrivance is permitted, if such shad is immediately returned alive to the waters from which taken. Whoever violates any provision of this section shall be punished by a fine of not less than twenty-five nor more than fifty dollars.
Chapter 130: Section 100D. Eels; methods of taking Section 100D. No person shall take or attempt to take eels, Anguilla rostrata, by any contrivance other than by nets, pots, spears, or angling. The director is hereby authorized to establish rules and regulations governing the size, shape, mesh size, and manner of marking such nets or pots.
It shall be unlawful for a person to take or possess elvers or eels of a size less than four inches total length.
Whoever violates any provision of this section shall be punished by a fine of not less than one hundred dollars or by imprisonment for not more than thirty days, or both.
Chapter 130: Section 101. Repealed, 1962, 222 Chapter 130: Section 101A. Gray seal; protection Section 101A. No person shall wilfully detain, hunt, kill or injure a gray seal (halichoerus gryphus), also called a Nantucket horsehead. Whoever violates any provision of this section shall be punished by a fine not to exceed five hundred dollars.
Chapter 130: Section 102. Marine plants; regulation of taking Section 102. No person shall take by mechanical means Irish moss or kelp, marine plants of the species chondrus crispus, except with the written approval of the director and in accordance with such rules and regulations relative thereto as he may adopt.
Chapter 130: Section 103. Starfish, winkles or cockles; disposition above high water mark Section 103. Whoever catches or takes from, the coastal waters any starfish, or winkles and their egg strings, or cockles shall deposit the same at some place above high water mark or at some suitable place designated by the selectmen of the town wherein such disposition is made. Whoever violates any provision of this section shall be punished by a fine of five dollars and, in addition thereto, all permits or licenses issued to such person under authority of this chapter shall be void and no new permit or license shall be issued to him under such authority within the six months next following the date of his conviction, except upon approval of the director.
Chapter 130: Section 104. Effect on special statutes relating to fisheries in particular places Section 104. This chapter shall not be deemed to affect any privileges granted in any special statute relating to fisheries in any particular place, except such provisions thereof as relate to shellfish and shellfisheries, to alewife fisheries, and to those activities which are the subject of rules and regulations under section seventeen A.
Chapter 130: Section 105. Protection of coastal wetlands Section 105. The commissioner of environmental protection may from time to time, for the purpose of promoting the public safety, health and welfare, and protecting public and private property, wildlife and marine fisheries, adopt, amend, modify or repeal orders regulating, restricting or prohibiting dredging, filling, removing or otherwise altering, or polluting, coastal wetlands. In this section “coastal wetlands” shall mean any bank, marsh, swamp, meadow, flat or other low land subject to tidal action or coastal storm flowage and such contiguous land as said commissioner reasonably deems necessary to affect by any such order in carrying out the purposes of this section.
The commissioner of environmental protection shall, before adopting, amending, modifying or repealing any such order, hold a public hearing thereon in the municipality in which the coastal wetlands to be affected are located, giving notice thereof to the state reclamation board, the department of highways and the department of environmental management and each assessed owner of such wetlands by mail at least twenty-one days prior thereto.
Upon the adoption of any such order or any order amending, modifying or repealing the same, the commissioner of environmental protection shall cause a copy thereof, together with a plan of the lands affected and a list of the assessed owners of such lands, to be recorded in the proper registry of deeds or, if such lands are registered, in the registry district of the land court, and shall mail a copy of such order and plan to each assessed owner of such lands affected thereby. Such orders shall not be subject to the provisions of chapter one hundred and eighty-four. Any person who violates any such order, (a) shall be punished by a fine of not less than one hundred nor more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars per violation. Each day such violation continues shall constitute a separate offense.
The superior court shall have jurisdiction to restrain violations of such orders.
Any person having an ownership interest, any lessees holding a lease of twenty-five years length or more and any mortgagor having an interest in land affected by any such order, may, within ninety days after receiving notice thereof, petition the superior court to determine whether such order so restricts the use of his property as to deprive him of the practical uses thereof and is therefor an unreasonable exercise of the police power because the order constitutes the equivalent of taking without compensation. If the court finds the order to be an unreasonable exercise of the police power, as aforesaid, the court shall enter a finding that such order shall not apply to the land of the petitioner; provided, however, that such findings shall not affect any other land than that of the petitioner. The commissioner of environmental protection shall cause a copy of such finding to be recorded forthwith in the proper registry of deeds or, if the land is registered, in the registry district of the land court. The method provided in this paragraph for the determination of the issue of whether any such order constitutes a taking without compensation shall be exclusive, and such issue shall not be determined in any other proceeding, nor shall any person have a right to petition for the assessment of damages under chapter seventy-nine by reason of the adoption of any such order.
The department of environmental management may, after a finding has been entered that such order shall not apply to certain land as provided in the preceding paragraph, take the fee or any lesser interest in such land in the name of the commonwealth by eminent domain under the provisions of chapter seventy-nine and hold the same for the purposes set forth in this section.
No action by the commissioner of environmental protection or the department of environmental protection under this section shall prohibit, restrict or impair the exercise or performance of the powers and duties conferred or imposed by law in the department of highways, the Massachusetts Water Resources Authority, the state reclamation board or any mosquito control or other project operating under or authorized by chapter two hundred and fifty-two.
No order adopted hereunder shall apply to any area under the control of the metropolitan district commission and the Massachusetts Water Resources Authority. No order adopted hereunder shall permit the construction in coastal wetlands of access driveways to unrestricted land except in a manner which allows the flow of the tide.
Chapter 130: Section 11. Repealed, 1964, 524, Sec. 6 Chapter 130: Section 12. Seizure and forfeiture of fish unlawfully taken, boats and apparatus; sale; proceeds Section 12. All fish unlawfully taken, held, possessed or dealt with contrary to any provision of this chapter or of any rule or regulation made under authority thereof, and all boats, vehicles and apparatus used therein, may, in addition to any or all of the penalties contained therein, be seized, libelled and forfeited to the commonwealth.
Whenever seizure and confiscation or forfeiture is provided by any provision of this chapter, unless another procedure is therein indicated such confiscation or forfeiture shall be according to the provisions of chapter two hundred and fifty-seven. Fish so seized except shellfish apparently taken from an area determined under section seventy-four or corresponding provisions of earlier laws to be contaminated, and except fish seized under the provisions of section eighty-nine, may be so libelled or, at the discretion of the director, be disposed of by him for the best interests of the commonwealth, or, in the alternative, be sold at private sale or public auction, and the net proceeds of such sale may be libelled in the same manner and with the same effect as if such proceeds were the property itself, unless the person named in the warrant or some person in his behalf shall before the commencement of such libel or sale request that the fish be preserved until final action is had thereon. Shellfish apparently taken from an area determined to be contaminated as aforesaid, and fish seized under the provisions of section eighty-nine, shall be disposed of by the director in such manner as will prevent the use thereof as food.
Chapter 130: Section 13. Display of fish upon demand; violations Section 13. The director, the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and all environmental police officers and deputy environmental police officers, or any member of the state police may request any person whom he has cause to believe is engaged in unlawfully fishing, or to be unlawfully in possession of fish, or to be in possession of fish unlawfully taken, to forthwith display for inspection all fish then in his possession, and may arrest without warrant a person refusing or failing to comply with such request.
Whoever, being in a boat in coastal waters throws or dumps overboard the contents of any pail, bag, barrel or other receptacle, or throws overboard any fish, after having been requested or signalled by any officer authorized to enforce this section to stand by for inspection shall be deemed to have violated this section.
Whoever violates any provision of this section shall be punished by a fine of not less than one hundred nor more than two hundred dollars.
Chapter 130: Section 14. Limitation of actions and prosecutions Section 14. Actions and prosecutions under the laws relative to fish or marine fisheries shall, unless otherwise expressly provided, be commenced within one year after the time when the cause of action accrued or the offence was committed.
Chapter 130: Section 15. Repealed, 1963, 383, Sec. 2 Chapter 130: Section 15A. Reciprocal enforcement of laws relating to marine fisheries Section 15A. Any game protector, fish and game warden, coastal warden, conservation officer or other person who is empowered to make arrests for violations of the conservation or marine fishing laws of the state of New Hampshire or of the state of Rhode Island may pursue any person found fishing in the coastal waters of such state in violation of the marine fishing laws thereof onto adjacent coastal waters of this commonwealth and there arrest him and take him into such other state for the purpose of prosecuting him for such violation; provided, that such other state shall have enacted legislation giving substantially similar authority to the environmental police officers of the division of law enforcement including deputy environmental police officers and other appropriate officers of this commonwealth relative to persons found fishing in the coastal waters of this commonwealth in violation of the marine fishing laws thereof.
Chapter 130: Section 16. Occupation of tide waters or work done therein subject to chapter 91 Section 16. Any occupation under this chapter of tide waters or any work done therein, shall be subject to the pertinent provisions of chapter ninety-one.
Chapter 130: Section 17. Powers of director Section 17. The director may(1) Destroy from time to time license books and stubs, licenses, permits, certificates of registration and blanks relative thereto, after the same have been properly audited by the state auditor, and such other documents as the director deems advisable after the same have been noted on the official records;(2) Take, or in writing authorize his agents to take fish at any time or in any manner for purposes connected with propagation or scientific observation;(3) Investigate questions relating to fish and personally or by assistants, institute and conduct inquiries pertaining to such questions, and conduct such biological research and assist cities and towns in the development of shellfish conservation and management plans as will, in his opinion, tend to conserve, improve and increase the supply of fish in the coastal waters.
(4) Aid in the promotion and development of the commercial fishing industry; investigate improved methods of marketing and distributing commercial fish products within the commonwealth; and establish standards and design labels for the identification of commercial fish products processed, prepared or packed for distribution and for retail sales;(5) Arrange for lectures and may issue for general distribution such publications as he considers best adapted to promote the interests of commercial fisheries;(6) Establish and maintain properties at such places within the commonwealth as he may select for the purpose of propagating, rearing and protecting fish;(7) Occupy, use and control not exceeding ten ponds and estuaries, creeks or other arms of the sea, within the coastal waters, and the necessary land thereto adjoining, for the propagation and distribution of fish frequenting the coastal waters and for the scientific investigation of their habits, if such occupation and use do not impair the private rights of any person or materially obstruct any navigable waters. Notice of such occupation and use and the purpose thereof shall be conspicuously posted by the director at the nearest points to said ponds and estuaries, creeks or other arms of the sea, and shall be recorded in the registry of deeds in the county or district where they are situated.
(8) With the approval of the commissioner, for the purpose of protecting and improving marine resources, on behalf of the commonwealth acquire in fee by purchase, gift or devise, or by lease, or with the consent of the owners, may control, any land with buildings and improvements thereon and with the consent of the owner of any land may control the flow of any water on or over his land.
(9) With the approval of the governor, receive in trust for the commonwealth any grant or devise of real property or any gift or bequest of personal property for the purpose of aiding in the enhancement and protection of any marine resources; provided, that, unless approved by the general court, no obligation shall be imposed on the commonwealth to expend in carrying out any such trust an amount greater than the income of the trust property, or greater than the income and the principal thereof, if by the terms of such trust the principal may be expended. Any such gift or bequest of money or securities shall be transferred forthwith to the state treasurer, who shall administer it as provided in section sixteen of chapter ten.
(10) Notwithstanding any contrary provision of law, with the exception of chapter 130 of the General Laws of the Commonwealth of Massachusetts, adopt, amend, or repeal all rules and regulations, with the approval of the Governor, necessary for the maintenance, preservation and protection of all marine fisheries resources between the mean high water mark of the commonwealth and a straight line extension of the lateral boundaries of the commonwealth drawn seaward to a distance of 200 miles or to a point where the water depth reaches 100 fathom, whichever is the greatest. Any person, firm or corporation convicted of violating any rule or regulation authorized under the provisions of this paragraph shall be punished by a fine not to exceed ten thousand dollars ($10,000). Violations may be prosecuted in any superior court within the Commonwealth of Massachusetts.
(11) Subject to the notice provisions of chapter thirty A, without hearing, with the approval of the commissioner, adopt regulations declared by him to be emergency regulations necessary for immediate management or control of the marine fisheries. Such emergency regulations may be limited in time but shall not remain in effect for a period longer than forty-five days.
(12) Authorize agents to sell certain permits issued pursuant to section 83 and authorize agents who are not employed by the commonwealth to charge an administrative fee for such permits not to exceed $1.
50 for each permit.
Chapter 130: Section 17A. Management of marine fisheries Section 17A. Upon petition signed by any interested party or upon his own motion, the director shall submit to the marine fisheries advisory commission proposals relating to the management of the marine fisheries. After public hearing, notice of which shall be published in a newspaper of general distribution in the areas affected, the commission shall in writing approve or disapprove such proposals. If any proposal is so approved, the director shall in accordance with such approval adopt, amend or repeal rules and regulations, subject to the approval of the commissioner, which shall govern the following activities only:(1) The manner of taking fish;(2) The legal size limits of fish to be taken;(3) The seasons and hours during which fish may be taken;(4) The numbers or quantities of fish which may be taken;(5) The opening and closing of areas within the coastal waters to the taking of any and all types of fish; provided that no area shall be so opened or closed without the consent of the selectmen of the town or the mayor and council of the city affected thereby. Upon the request of the commission, the selectmen or mayor and council shall hold a public hearing upon the question and shall thereafter notify the commission in writing within forty-five days after such request has been received or consent will be deemed to have been granted.
No such rule or regulation shall require a license for the taking of finned fish from coastal waters for non-commercial purposes.
Chapter 130: Section 17B. Aquacultural enterprises; permits Section 17B. Notwithstanding the provisions of this chapter, the director may, by issuance of a written permit under such terms and conditions as he may impose, authorize the possession and taking of fish at any season and of any size for purposes of propagation, rearing, harvesting or sale in connection with an aquacultural enterprise in which the fish being so propagated, reared and harvested are kept separate from natural stocks of the same species.
Chapter 130: Section 18. Illegal entry on property maintained for experiments, protection or propagation of fish Section 18. Whoever without right enters in or upon any building or other structure or any area of land, flats or water, set apart and used by or under authority of the director for conducting scientific experiments or investigations or for propagation or protection of fish, or whoever contrary to regulations fishes in waters so set apart and used after the director has caused printed notices of such occupation and use and the purposes thereof to be placed in a conspicuous position upon any such building or other structure or adjacent to any such area of land, flats or water, and whoever injuries or defaces any such building or other structure or any notice posted as aforesaid, or injures or destroys any property used in such experiments or investigations or for such purposes, or otherwise interferes therewith, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.
Chapter 130: Section 19. Providing passage for salt water fish into fresh water to spawn; refusal or neglect to repair or construct fishway; operation and maintenance of fishways Section 19. For the purpose of providing suitable passage for salt water fish coming into fresh water to spawn, the director or some person thereunto authorized by him in writing, may (1) seize and remove, summarily if need be, at the expense of the owner using and maintaining the same, all illegal obstructions, except dams, mills or machinery, to the passage of such fish, (2) examine all dams and other obstructions to such passage in brooks, rivers and streams, the waters of which flow into coastal water, where in his judgment fishways are needed, and (3) shall determine whether existing fishways, if any, are suitable and sufficient for the passage of such fish in such brooks, rivers and streams or whether a new fishway is needed for the passage of fish over such dam or obstruction; and he shall prescribe by written order what changes or repairs, if any, shall be made therein, and where, how and when a new fishway shall be built, and at what times the same shall be kept open and shall serve a copy of such order upon the person maintaining the dam or other obstruction. A certificate of the director that service has been so made shall be sufficient proof thereof. The supreme judicial or superior court shall, on petition of the director, have jurisdiction in equity or otherwise to enforce any such order and to restrain any violation thereof.
Before the director makes any such order for the construction of a new fishway, as provided in this section, upon any stream or portion of a stream not in coastal waters, he shall in writing notify the director of the division of fisheries and wildlife of such proposed order, together with plans for such proposed construction, and said last mentioned director shall within ten days after receiving such notice, if he desires to object to such construction, in writing request a hearing before the commissioner, whose decision on the matter shall be final.
If the owner of such dam or obstruction refuses or neglects to repair or construct a fishway after written order therefor has been received from the director, the director may after such time as he may deem sufficient enter with workmen and material upon the premises of such person required to construct or maintain such fishway and may at the expense of the commonwealth, if in his opinion such person is unable to afford such expense, otherwise at the expense of such person, improve an existing fishway or cause one to be constructed if none exists and may, if necessary, for such purpose, take, by due process of law, the land of any other person who is not obliged by law to maintain such fishway. If a fishway has been constructed in accordance with an order of the director as provided in this section no alteration thereof shall be required within a period of five years after such construction.
All damages caused by taking land hereunder shall, upon the application of any party in interest, be recovered from the commonwealth under chapter seventy-nine. The amount so recovered shall be a charge against the person required by law to construct and maintain such fishway and shall be recovered in contract in the name of the commonwealth, with costs and with interest at the rate of six per cent per annum.
Any person maintaining any such dam or obstruction who refuses or neglects to keep open or maintain a fishway at the times prescribed by the director shall be fined fifty dollars for each day or part thereof of such refusal or neglect.
The director shall determine all matters relating to the operation and maintenance of all fishways constructed for the passage of anadromous fish, including the time and method of opening and closing thereof, in such manner as will, in his opinion, give adequate protection to such fish passing to or from the coastal waters, and shall prescribe the same by written order. For the protection of any such fishway and the fish using the same, he may set aside a certain area adjacent to the fishway and may prohibit all persons from fishing or entering, or both, within such boundaries by posting notices thereon to that effect, giving a description of the bounds thereof; provided, that the area so set aside shall not extend for a distance of more than one hundred yards from any such fishway; and provided, further, that the prohibition of entrance into such area shall not deny to the owner or other lawful occupant of the property on which the fishway is built or maintained the right of reasonable access to or passage through such area for the necessary care of such property; and provided, further, that such closing and prohibition shall not interfere with the lawful operation of any special fishery established therein. Whoever violates any provision of this section, or of any order of the director under authority thereof, or hinders the passage of fish through such fishways, or molests or disturbs the fish therein, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than thirty days, or both.
Chapter 130: Section 1A. Division of marine fisheries Section 1A. The division of marine fisheries shall be within the department of fisheries, wildlife and environmental law enforcement in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of marine fisheries. The director of the division of marine fisheries shall be appointed and may be removed by the commissioner of the department of fish and game with the approval of the marine fisheries advisory commission. The said division of marine fisheries shall administer all the laws relating to marine fisheries as appearing in chapter one hundred and thirty and any other general or special laws, except as pertain to the enforcement thereof. It shall be responsible for the biological development of marine fish and fisheries. Said division shall co-operate with all departments, boards, officials and institutions of the commonwealth or its subdivisions that may be concerned in any way with matters under its supervision. It shall co-operate with adjoining states and with the United States of America, or any agency thereof, with foreign countries, and any other agency, as may be authorized by the general court, and receive and dispense such funds from any of such agencies, states or governments as may be authorized by the general court.
Chapter 130: Section 1B. Marine fisheries advisory commission Section 1B. There shall be in the division of marine fisheries a commission to be known as the marine fisheries advisory commission hereinafter called the commission, which shall consist of nine members, qualified in the field of marine fisheries by training and experience, to be appointed by the governor with the approval of the council. As the term of a member expires, his successor shall be appointed for a term of three years, except that initially three members shall be appointed for terms of two years and three members shall be appointed for terms of one year. The governor may also, with the like approval, fill any vacancy in an unexpired term. No member of the commission shall hold any other position in the department while serving as such, nor for a period of two years thereafter.
The commission shall annually elect its own chairman and clerk and shall keep accurate records of its meetings and hearings and shall meet at least quarterly and at the call of the chairman. A quorum to conduct business shall consist of five members. The commission shall hold public hearings relative to matters within the jurisdiction of the division and shall make recommendations to the director for the proper management and development of the marine fisheries of the commonwealth. The director or his designee shall attend all meetings and hearings of the commission and may present evidence thereat and shall include in his annual report a report of the commission. The members of the commission shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their official duties.
Chapter 130: Section 2. Transferability of licenses, permits and certificates of registration; suspension or voidance for violation of marine laws; surrender; impounding fishing gear Section 2. Licenses, permits and certificates of registration issued by the director or his agent shall not, except as otherwise provided in this chapter, be transferable and shall be produced for examination upon demand of any authorized person.
Notwithstanding the foregoing, the division may promulgate regulations to permit the transfer of fishing licenses held in a limited entry fishery, so-called.
Unless otherwise specifically provided by law or regulations promulgated by the division, every license, permit or certificate issued under any provision of this chapter or any other provision of law relating to marine fish and fisheries or of any rule or regulation made under authority thereof, held by any person convicted of a violation of any of the laws relating to marine fish and fisheries or any rule or regulation made under authority thereof
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