Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 35.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals
Section 35.02 - Definitions
Act. An Act to Prevent Cruelty to Farm Animals as enacted in St. 2016, c. 333, as amended by St. 2021, c. 108, "An Act further regulating hen welfare and establishing cage-free standards."
Breeding Pig. Any female pig of the porcine species kept for the purpose of commercial breeding.
Business Owner or Operator. Any Person who owns or controls the operations of a business.
Cage-free Housing System. An indoor or outdoor controlled environment for Egg-laying Hens within which Hens are free to roam unrestricted, are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes and dust bathing areas, and within which Farm employees can provide care while standing within the Hens' usable floor space; provided, however, that Cage-free Housing System shall include, to the extent that such systems comply with the requirements of this definition, Multi-tiered Aviaries, Partially-slatted Systems, Single-level All-Litter Floor Systems and any future systems that will comply with the requirements of Cage-free Housing System; provided further, that Cage-free Housing System shall not include systems commonly described as "battery cages", "colony cages", "enriched cages", "enriched colony cages", "modified cages", "convertible cages" or "furnished cages" or other similar cage systems.
Calf Raised for Veal. Any calf of the bovine species kept for the purpose of commercial production of Veal Meat.
Certify. To make the sworn representations specified in 330 CMR 35.05.
Confined in a Cruel Manne. Confining:
(a) a Calf Raised for Veal or a Breeding Pig in a manner that prevents the animal from lying down, standing up, Fully Extending the Animal's Limbs or Turning around Freely; or
(b) an Egg-laying Hen in an Enclosure other than a Cage-free Housing System or with less than:
1. one square foot of usable floor space per Hen in Multi-tiered Aviaries, Partially-slatted Cage-free Housing Systems or any other Cage-free Housing System that provides Hens with unfettered access to vertical space; or
2. 1.5 square feet of usable floor space per Hen in Single-level All-Litter Floor Cage-free Housing Systems or any other Cage-free Housing System that does not provide Hens with unfettered access to vertical space.
Covered Animal. Any Breeding Pig, Calf Raised for Veal, or Egg-laying Hen that is kept on a Farm.
Department. The Massachusetts Department of Agricultural Resources.
Direct Supervision of a Licensed Veterinarian. An order or directive from a licensed veterinarian for the care or treatment of an individual animal.
Egg-laying Hen. Any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production.
Egg Products. Eggs of an Egg-laying Hen broken from the shells, intended for humanfood, whether in liquid, solid, dried or frozen form, whether raw or cooked, and with the yolks and whites in their natural proportions or with the yolks and whites separated, mixed or mixed and strained; provided, however, that Egg Products shall not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, ice cream or other similar food products that are comprised of more than Egg Products, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers and similar food additives.
Enclosure. Any cage, crate, or other structure used to confine a Covered Animal or Animals. Enclosure includes what is commonly described as a "gestation crate" or "stall" for pigs during pregnancy, a "veal crate" for calves raised for veal, and a "battery cage, enriched cage, or colony cage" for Egg-laying Hens.
Farm. The land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food; and does not include live animal markets, establishments at which inspection is provided under the Federal Meat Inspection Act, or official plants at which mandatory inspection is maintained under the federal Egg Products Inspection Act.
Farm Owner or Operator. Any Person who owns or controls the operations of a Farm.
Fully Extending the Animal's Limbs. Fully extending all limbs without touching the side of an Enclosure.
Guarantee. A contractual promise, in writing, by a seller of Shell Egg or Egg Products, Whole Pork Meat, or Whole Veal Meat to indemnify the purchaser of such products for any fine or monetary penalties relating to the purchased products that is imposed on the purchaser as a result of any noncompliance with the Act or 330 CMR 35.00 by the seller.
Meat. The part of the muscle of any cattle or swine, which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separate from it in the process of dressing; provided, however, that Meat shall not include the muscle found in the lips, snout or ears.
Multi-tiered Aviary. A Cage-free Housing System in which hens have unfettered access to multiple elevated platforms that provide hens with Usable Floor Space both on top of and underneath the platforms.
Partially-slatted System. A Cage-free Housing System in which hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below.
Person. Any individual, firm, partnership, joint venture, limited liability corporation, estate, trust, receiver, syndicate, association, or other legal entity.
Pork Meat. Meat of a pig of the porcine species intended for use as human food.
Sale. A commercial sale by a business that sells any item covered by St. 2021, c. 108, § 3, but does not include any sale undertaken at an establishment at which inspection is provided under the Federal Meat Inspection Act or any sale undertaken at an official plant at which mandatory inspection is maintained under the federal Egg Products Inspection Act. For purposes of 330 CMR 35.02, a Sale occurs at the location where the buyer takes physical possession of an item covered by St. 2021, c. 108, § 3.
Shell Egg. A whole egg of an Egg-laying Hen in its shell form, intended for use as human food.
Single-level All-Litter Floor System. A Cage-free Housing System bedded with litter and in which hens have limited or no access to elevated flat platforms.
Turning around Freely. Turning in a complete circle without any impediment, including a tether, and without touching the side of an Enclosure or another animal.
Uncooked. Requiring cooking prior to human consumption.
Usable Floor Space. The total square footage of floor space provided to each Egg-laying Hen, as calculated by dividing the total square footage of floor space provided to the Hens in an Enclosure (including both ground space and elevated level or nearly level flat platforms upon which Hens can roost) by the number of Hens in that Enclosure. Usable Floor Space shall not include perches or ramps.
Veal Meat. Meat of a Calf Raised for Veal and intended for use as human food.
Whole Pork Meat. Any Uncooked cut of pork (including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin or cutlet) that is comprised entirely of Pork Meat, except for seasoning, curing agents, coloring, flavoring, preservatives and similar Meat additives. Whole Pork Meat does not include combination food products (including soups, sandwiches, pizzas, hot dogs, or similar processed or prepared food products) that are comprised of more than Pork Meat, seasoning, curing agents, coloring, flavoring, preservatives and similar Meat additives.
Whole Veal Meat. Any Uncooked cut of veal (including chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin or cutlet) that is comprised entirely of Veal Meat, except for seasoning, curing agents, coloring, flavoring, preservatives and similar Meat additives. Whole Veal Meat does not include combination food products (including soups, sandwiches, pizzas, hot dogs, or similar processed or prepared food products) that are comprised of more than Veal Meat, seasoning, curing agents, coloring, flavoring, preservatives and similar Meat additives.
