Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 16.00 - Horses
Section 16.04 - Dealing in and the Transportation of Equine Animals
Universal Citation: 330 MA Code of Regs 330.16
Current through Register 1531, September 27, 2024
(1) License Required.
(a) No Person shall
engage in the Regular business of selling, dealing, auctioning or transporting
equine animals in the Commonwealth of Massachusetts unless licensed by the
Department.
(b) Any Person desiring
to apply for a livestock dealer-transporter license shall submit, on a form
provided by the Department, an application and the appropriate fee.
(c) Upon receipt of a completed application
for a license, the Department shall inspect the applicant's facilities and
vehicles. If the Department finds the facilities and vehicles in compliance
with 330 CMR 16.04(2)(a) through (i) and (3)(a) and (b), the Department may
issue a livestock dealer-transporter license.
(d) All livestock dealer-transporter
licensees will be issued a metal license plate by the Department. The license
plate will be valid for the term of the Livestock Dealer-Transporter license.
If the license is revoked at any time, the license plate must be returned to
the Department.
(e) No livestock
dealer-transporter licensee shall transport an equine animal in any vehicle
unless the driver's side of the vehicle bears a metal livestock
dealer-transporter license plate issued by the Department.
(f) Livestock dealer-transporter licenses for
equines shall expire on October 31st following the
date of issuance.
(g) All licensees
shall post their license at a permanent location in the Commonwealth of
Massachusetts in a place prominently visible to the public.
(h) The Department may deny a license to any
applicant whose facilities or vehicles fail to comply with 330 CMR 16.04(2)(a)
through (i) and (3)(a) and (b). Any applicant whose license has been denied may
submit a written request for a hearing within 14 business days following
notification of the Department's decision to deny the license.
(i) The Department may revoke or suspend a
license after a M.G.L. c. 30A hearing and upon finding that the licensee has:
1. Violated M.G.L. c. 129, §§ 9,
44, 44A, 45, 46, or 47 or c. 128, §§ 2A or 2B or c. 272,
§§77 through 79B;
2.
Violated any provision of
330 CMR
16.00;
3.
Allowed an issued license to be used by an unlicensed Person;
4. Violated a quarantine order issued by the
Department; or
5. Made a material
misstatement on the application for a license.
(2) General Care of Animals and Premises. All licensees shall:
(a) Maintain all areas where equines are kept
in a safe and sanitary condition;
(b) Have equipment available for any
necessary storage or disposal of waste material to control vermin, insects or
obnoxious odors;
(c) Provide
adequate shelter for the comfort of all equines on the premises;
(d) Take all reasonable precautions to
prevent the spread of infectious or contagious diseases;
(e) Clean stalls daily or more frequently to
ensure their sanitary condition;
(f) Ensure that box stalls are of adequate
size such that the equine contained therein shall have room to stand and lie
down comfortably;
(g) Equines are
housed without overcrowding and in groups of compatible temperament and
gender;
(h) Provide sufficient
fresh food of a type and amount consistent with the dietary requirements and
age of the horse at least twice daily; and
(i) Ensure that fresh, clean water is
available to all equines.
(3) Transporting Equines.
(a) No licensee shall
maintain any equine in a vehicle within the Commonwealth of Massachusetts for a
period of time exceeding ten hours without the equine being off-loaded and
placed in a stable or shaded pasture.
(b) Licensees shall ensure that:
1. All vehicles are constructed with no sharp
objects or protuberances on the interior or the sides;
2. All floor ramps are made of a non-skid
material or coating;
3. All
vehicles, stalls and loading ramps are cleaned daily;
4. All vehicles have adequate
ventilation;
5. All doorway
openings have a height of at least 12 inches above the withers of the tallest
equine being transported;
6. All
vehicles transporting more than six equines have at least two doorways on
adjacent or opposite sides of the vehicle; and
7. All horses being transported are separated
in a manner to prevent injury or close contact between incompatible
animals.
(4) Record Keeping and Inspections.
(a) All licensees shall maintain records and
interstate bills of lading for a period of 90 days from the date of sale or
transport. All records shall be maintained at the location where the license is
posted. All records shall include the following information:
1. Date of purchase or transport;
2. Name and address of Person from whom the
equine was purchased or for whom it was transported;
3. Name and address of Person to whom the
equine was sold or delivered; and
4. Complete description of the equine
sufficient for identification purposes.
(b) All premises, vehicles and records shall
be open during reasonable business hours to the Department, Massachusetts
Society for the Prevention of Cruelty to Animals and the Animal Rescue
League.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.