Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 12.00 - Licensing and Operation of Pet Shops
Section 12.02 - Licenses

Universal Citation: 330 MA Code of Regs 330.12

Current through Register 1531, September 27, 2024

(1) No Person shall operate a Pet Shop or Sell or Offer for Sale Animals within the Commonwealth without an appropriate License issued by the Department. A License issued under 330 CMR 12.00 shall be:

(a) Valid only for the Pet Shop name, location, and ownership specified therein; and

(b) Non-transferable.

(2) Types of License. Each License issued under 330 CMR 12.00 shall be a Class A, B, or C License, depending upon the type(s) of Animal(s) Offered for Sale. No Person may Sell or Offer for Sale any Animal that is not specifically included in the class of License issued to the Licensee. The License classes are as follows:

(a) Class A : birds, reptiles, and mammals, including dogs and cats.

(b) Class B : birds, reptiles, and mammals, not including dogs or cats.

(c) Class C : reptiles and mammals, not including dogs or cats.

(3) Each complete application for a License or renewal of License shall be submitted to the Department on forms supplied by the Department, shall contain such information as the Department shall require, and shall be accompanied by a fee as determined by the Executive Office for Administration and Finance. No application shall be deemed complete without payment of the required fee.

(4) If any Pet Shop intends to engage in import or export activities other than obtaining Animals from a breeder or broker for payment or compensation, or otherwise intends to act as a Rescue Organization as defined in 330 CMR 30.02: Definitions, it shall so indicate in its application for License or renewal of License. No Pet Shop may engage in such activities, unless specifically authorized in a Department-issued License.

(5) Upon receipt of a complete application, the Department shall inspect the Applicant's Facility(ies) to ensure compliance with M.G.L. c. 129, and 330 CMR 12.00. All inspections shall be conducted during normal business hours. The Department may conduct additional inspections prior to renewal as it deems necessary in accordance with M.G.L. c. 129.

(6) If the application is approved, the Department shall issue the appropriate Class A, B, or C License. Each License shall expire on December 31st of the year in which it was issued.

(7) The original of the most recent License issued by the Department to the Licensee shall be promptly posted in the Pet Shop in a place prominently visible to the public.

(8) The Licensee shall include its most current License number in a way that is easily viewed by the public on its website and any other printed promotional materials or printed advertisements that offer a specific Animal for Sale.

(9) The Licensee will promptly notify the Department in writing of any material change in the information provided in the License or renewal application.

(10) No License will be issued to any Applicant whose place of business is used as a residential dwelling.

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