Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations
Section 30.02 - Definitions

Universal Citation: 330 MA Code of Regs 330.30
Current through Register 1531, September 27, 2024

As used in 330 CMR 30.00:

Adopt or Adoption. Has the same meaning in 330 CMR 30.02 as Place or Placement.

Adopter. An individual with whom an Animal is Placed by a Rescue Organization.

Animal. Any bird, mammal, or reptile that may be kept without a permit from the Massachusetts Division of Fisheries and Wildlife as provided in 321 CMR 9.01: Exemption List and 321 CMR 9.02: List of Domestic Animals, including Dogs and Cats.

Animal Control Officer. A Person appointed under M.G.L c. 140, § 151, who is charged with enforcing state statutes, local ordinances, and bylaws regulating animals.

Applicant. An Organization that has submitted an application for a License or renewal of a License to the Department.

Cat. A mammal of the species Felis catus.

Clean(ed) and Disinfect(ed). The process by which bacteria, viruses, or other pathogens are eliminated from an environment through the physical removal of organic material or debris from personnel, Facilities, vehicles, and/or other equipment, followed by the appropriate application of chemical agents specifically designed to destroy potentially hazardous microorganisms in accordance with applicable directions.

Department. The Massachusetts Department of Agricultural Resources.

Disclosure Statement. A written statement pertaining to an individual Animal describing all of its known medical and behavioral issues.

Dog. A mammal of the species Canis familiaris.

Facility or Facilities. A location or locations owned, operated, or otherwise used by a Licensee for receiving, maintaining, caring for, and transporting Animals for the purpose of Placing such Animals. A Facility shall include any shelter or kennel, but not a Foster Home.

Foster Care. An interim or temporary housing arrangement for Animals that are awaiting Placement.

Foster Home. A residential location providing interim or temporary in-home housing for Animals on behalf of an Organization.

Health Certificate. A document dated and signed by a Veterinarian which contains the minimum elements set forth in 330 CMR 30.11(2)(i) and certifies that an Animal is free of any symptoms of infectious or contagious disease.

Impervious. The characteristics of a nonporous, impermeable surface through which a liquid will not be allowed to pass, but upon which water will bead.

Import. To transport into the Commonwealth for the purpose of Foster Care or Placement.

Import License. A License issued by the Department that authorizes the Licensee to operate in the Commonwealth as an Organization and to import Dogs and Cats into the Commonwealth.

Individual Animal Record. The comprehensive record relating to an individual Animal that includes, where applicable, an OCVI, documentation of Isolation Upon Import, post-isolation Health Certificate, history of vaccinations, history of all medical treatment, including administered medications, source of Animal, date of acquisition, name and address of adoptive owner or Foster Home, Official Identification, date of Placement, mortality record, and such other records as may be appropriate.

Isolation Room. A location designed to serve as a receiving and holding station for Animals prior to Placement, including any area approved by the Department to accept Animals for Isolation Upon Import. An Isolation Room may be used as a Quarantine Room for Animals that are potentially affected with or exposed to contagious or infectious illnesses.

Isolation Upon Import. Restricting an Animal from any other animal contact by transporting the Animal upon entry into the Commonwealth directly to an Isolation Room.

License. A Revocable permission to operate an Organization in the Commonwealth to Place Animals in the Commonwealth.

Licensee. An Organization that has received a License from the Department.

OCVI. An Official Certificate of Veterinary Inspection form issued by a USDA Accredited Veterinarian in the state of origin and approved by an animal health official of the state of origin listing all Animals (with an accurate description or Official Identification) covered by the certificate that have been examined by the person issuing the form, stating the nature of the examination and the findings of the health of the Animals covered by the certificate, and containing the names and addresses of the consignor and the consignee of the Animals, the vaccinations that the Animals may have received, and the dates that the vaccinations occurred. An OCVI shall include an Interstate Certificate of Veterinary Inspection.

Official Identification. A device or method used as a means of identifying an individual Animal appropriate for that species including, but not limited to, microchip, labeled collar, or other means of distinction affixed to the Animal. For rabbits, reptiles, rodents and small birds, if no identification is affixed, a detailed description of the Animal attached to the enclosure will suffice.

Organization or Rescue Organization. An entity that is not otherwise required to be licensed under M.G.L. c. 129, §§ 39, 39A, or 45, or under M.G.L. c. 94, § 152A, and whose primary activity is the placement of abandoned, displaced, unwanted, neglected or abused animals. Such entity does not obtain Dogs or Cats from a breeder or broker for payment or compensation, and is exempt from taxation under § 501(c)(3) of the federal Internal Revenue Code or equivalent nonprofit designation under such Code.

Owner Surrender. The voluntary act of an Animal owner who has chosen to permanently relinquish care, custody, control, and ownership of the Animal.

Owner Surrender from Another New England State or the State of New York. The voluntary act of an Animal owner who resides in a New England state or the state of New York and has chosen to permanently relinquish care, custody, control, and ownership of the Animal to an Organization operating in the Commonwealth, and whose transportation into the Commonwealth is provided by said owner. Owner Surrender from Another New England State or the State of New York shall not include the transfer of ownership of Animals between and among Organizations, or the transport of the Animal into the Commonwealth by any rescue, shelter, or third-party commercial transporter. "Another New England State" refers to Connecticut, Maine, New Hampshire, Rhode Island, or Vermont.

Place or Placement. To sell, barter, exchange, give away, or otherwise find a permanent physical placement for an Animal that is abandoned, displaced, unwanted, neglected or abused.

Primary Housing Enclosure. The cage, crate, or any area within a Facility in which a confined Animal is kept.

Quarantine. The confinement of an Animal, whether or not pursuant to order of the Department pursuant to M.G.L. c. 129, § 21, to prohibit other animal contact by restricting the Animal to an Isolation or Quarantine Room for the purposes of:

(a) observing if the Animal displays signs of contagious or infectious illness; and

(b) minimizing the risk of the Animal spreading such contagious or infectious illness to humans and other animals.

Quarantine Room. A location designed to serve as a receiving and holding station for Animals that are subject to Quarantine.

Sanitary Conditions). The state of Facilities, Primary Housing Enclosures, and associated equipment having been Cleaned and Disinfected as often as necessary to be free of, at a minimum, urine, feces, and noxious odors.

Sterilization Clause. A stipulation within an Organization's Placement agreement that requires a Dog or Cat to be deprived of the ability to produce offspring by six months of age.

USD A Accredited Veterinarian. A veterinarian accredited by the United States Department of Agriculture's Animal and Plant Health Inspection Service and approved by the animal health official of the state where the Veterinarian is doing business.

Veterinarian. A veterinarian licensed and in good standing in the state where the Veterinarian is doing business.

Zoonotic Disease. An infectious disease that can be transmitted from animals to humans or from humans to animals.

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