# Rescuing and Massachusetts Laws



## cubbysan (Mar 13, 2007)

I was looking through Petfinder yesterday and noticed that a lot of rescues will no longer allow adoptions to Massachusetts.

I remember talking to a rescue group at a RI Pet Expo last year, and she had told me something similar... and that they were not even able to drive the dog through Massachusetts to get to NH, etc.

I did some googling, and I guess there are very strict rules about 48 hour quarantines, audit trails of everywhere that dog has been, etc. Does anybody know anything about this? Or where I can find some information. 

I know one day I will be getting Brady a playmate, not ready yet, but if the right dog somehow falls into our hands, I want to make sure I am not breaking any laws. In addition, I think these laws might also apply if you are buying from a breeder, not sure?


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## GoldenJoyx'stwo (Feb 25, 2007)

If I remember correctly Marie, MA passed these laws around the time of Katrina. I think they were in fear of dogs coming into the state not having any health records etc. I remember reading that people were outraged at the time. GoldnChocolate might be able to fill you in. 

I learned the other day from a friend, in at least two states, if you are transporting a dog (and this may be commercial transporters only) and all of the paperwork for each dog is not properly filled out (basically proof a dog has had a rabies shot) all the dogs on a transport can be euthanized. They don't have to call the Vet to confirm. If the paperwork is not filled out properly, they have this right. I was sick!

I will now travel out of state with my two having all their health clearances in a folder in the pouch of my car. Am I over-reacting? Maybe.

This is very old. Rules may have changed by now. http://blog.tmcnet.com/blog/tom-kea...-turns-its-back-on-hurricane-katrina-pets.asp


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## cham (Feb 21, 2008)

I think this is what you may be talking about, but in the meantime I will check with a friend who works in the State House for a state Senator. If this is the section of MGL that you are talking about, then there is some misinformation out there, because I heard this weekend that transports can not drop off in MA, but I can't find any reference to such a law.

The General Court

http://www.mass.gov/legis/laws/mgl/140-138a.htm

PART I. ADMINISTRATION OF THE GOVERNMENT 

TITLE XX. PUBLIC SAFETY AND GOOD ORDER 

CHAPTER 140. LICENSES 

EMPLOYMENT AGENCIES 

DOGS 

Chapter 140: Section 138A. Importation of dogs and cats for commercial resale; health certificates; violations 

Section 138A. All dogs or cats brought or shipped into the commonwealth for commercial resale shall be inoculated against distemper not more than thirty nor less than seven days before entry and shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agriculture. If such certificate is unavailable in the state of origin then a similar examination and certification shall be made within fourteen days of the arrival of the animal in the commonwealth. 
An official health certificate shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin containing the names and addresses of the consignor and consignee, or in the case of examination after entry into the commonwealth the name of the consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and that the dogs are free from visual evidence of communicable disease such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and intestinal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, and intestinal parasites, distemper, feline panleukipenia, and feline respiratory infections and feline distemper. 
Dogs or cats purchased within the commonwealth for resale by commercial establishments or pet shops shall be accompanied by a health certificate issued by an accredited veterinarian. The certificate shall show age, sex, breed, and description of each dog or cat and that the dogs are free from visual evidence of communicable diseases such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and internal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, intestinal parasites, and feline respiratory infections and feline distemper. 
No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any cat or dog less than eight weeks of age. 
All dogs or cats imported for resale shall be held in isolation by the importer for a period of two days prior to offering for sale. 
All dogs or cats sold in the state by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating dates and types of vaccine administered. 
Whoever is convicted of a violation of any of these sections may be punished by a fine of not less than fifty nor more than one hundred dollars for each such offense. In addition thereto or in lieu thereof, the commissioner of agriculture may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license providing any person, firm or corporation maintaining such pet shop, kennel and boarding kennel violates any of these regulations. 
Any person, firm or corporation aggrieved by an order under this section may, by petition, appeal within thirty days to the superior court where said person resides, or where the firm or corporation is located. Such person shall, in substance, state the findings by the commissioner and the grounds of appeal and said court shall consider said proceedings de novo and the parties thereto shall have right of exception and appeal. 
Nothing in this act shall be construed to prohibit the temporary importation of dogs for racing or field trials or the temporary importation of dogs or cats for show purposes, nor shall it prohibit the importation of dogs and cats as pets by individual owners.

I didn't see the emergency orders # that Kimm posted. I did send off an email to my friend in the state house asking for clarification and status. Most emergency orders have a certain "shelf life", I also know of several people who adopted "katrina dogs" so I am confused by this.


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## Spudmom (Mar 10, 2007)

I have also asked for some clarification from an attorney running a rescue in the area. 

Pulling dogs from the South, by well intentioned folks, and bringing them to the North has been a problem the last few years. Dogs are not properly vetted prior to transport, and dogs were dying while being transported and also infecting other animals. Dogs were being "adopted" from trucks in parking lots. 

Organized rescue groups will move a dog. But the criteria is that the dog is vetted and healthy prior to transport, the dog is being accepted by a rescue group at the other end. No matter how hard we try, not all placements work. You want the cooperation of the rescue group in the receiving area willing to take responsibility for the dog if things don't work out. 

It is all about networking. More dogs are not transported because it does require another rescue group to "cover" the dog. Most rescue groups are small and usually have their hands full, so taking on dogs from out of the area can be a hardship. 

I strongly encourage folks to contact their local rescue and volunteer. Working with a rescue insures a safety net for the dog for a lifetime.

Deb
and the Spud Kidz


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## Penny & Maggie's Mom (Oct 4, 2007)

The above sounds to me like it is aimed at those bringing in animals to SELL. The fact that they are trying to assure these animals are healthy could do a great deal towards controlling those "pet shops" selling sick, unhealthy animals...... kind of working its way back to the puppy mills by limiting their ability to market their goods. Anyone else read it this way ?????? BTW.... our rescue springer was one of those pet shops "spur of the moment buys" for his first owners. We love him to death, but the fact that he ever came to be is very sad...... his auto immune issues perhaps would have occurred with even the most thoughtful of breedings, but it sure would have lessened the chances.


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## LibertyME (Jan 6, 2007)

Penny & Maggie's Mom said:


> The above sounds to me like it is aimed at those bringing in animals to SELL. The fact that they are trying to assure these animals are healthy could do a great deal towards controlling those "pet shops" selling sick, unhealthy animals...... kind of working its way back to the puppy mills by limiting their ability to market their goods. Anyone else read it this way ?????? BTW.... our rescue springer was one of those pet shops "spur of the moment buys" for his first owners. We love him to death, but the fact that he ever came to be is very sad...... his auto immune issues perhaps would have occurred with even the most thoughtful of breedings, but it sure would have lessened the chances.


FWIW...That is the way I read it as well.....


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## gold'nchocolate (May 31, 2005)

Massachusetts used to be closed to adoption of dogs from several of the southern states. Since then the ban on adoption has been lifted but I can't foster dogs from certain states. If this has changed since last spring I am not aware of it. Maybe Lisa (sunshinegoldens) will know for sure. The lab that I adopted came from one of the states (Louisiana) that had been banned for adoption. I had to pick her up in CT. and the next drop off after CT was in NH.


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## cham (Feb 21, 2008)

Ok, I just got off the phone with the dept of Agriculture and that particular order was canceled quite a while ago. This link is to the current orders and regulations that govern the importation of canines. I will leave the page link, but will have to read it late myself. I have to run for an appt right now or I will be late.

http://www.mass.gov/agr/animalhealth/emergency_order.htm


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## Old Gold Mum2001 (Feb 25, 2007)

gold'nchocolate said:


> Massachusetts used to be closed to adoption of dogs from several of the southern states. Since then the ban on adoption has been lifted but I can't foster dogs from certain states. If this has changed since last spring I am not aware of it. Maybe Lisa (sunshinegoldens) will know for sure. The lab that I adopted came from one of the states (Louisiana) that had been banned for adoption. I had to pick her up in CT. and the next drop off after CT was in NH.


That's what we did too


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## GoldenJoyx'stwo (Feb 25, 2007)

This is interesting. It means that if a dog spent 10 days in quarantine, then had all it's shots and has health clearances, it still has to spend 48 hours and be cleared by a MA Vet? Am I reading this right?

Isolation – Every animal coming into Massachusetts for adoption must be isolated for 48 hours. This will serve two important purposes: 1) Any disease afflicting an animal will have the opportunity to manifest itself after the stress of transport, and 2) Imported animals will have enough time after transport to recover and exhibit either symptoms of disease or behavior consistent with a healthy animal.


Veterinary Examination – Every animal must be given a health exam and issued a health certificate by a Massachusetts veterinarian at the end of the 48-hour isolation period.

Seems like a safety net, but who covers the double expenses of Vetting on both ends?

I think, but I'm not sure, most paid transports avoid MA...

You can actually go to the parent directory and find all the laws. Found this there.
http://www.mass.gov/agr/animalhealth/docs/Katrina-Animal-Health-Order-Rescision.pdf

Parent directory
http://www.mass.gov/agr/animalhealth/docs/


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## Spudmom (Mar 10, 2007)

"This Order does NOT apply to individuals bringing in their own pets from other states, or to individuals who are 
permanently adopting animals from out of state shelters. 

This Order DOES apply to animals being brought into the state to be fostered. 

Shelters who take in animals from known sources, where the animal(s) are coming from a residential setting 
(personally surrendered owned animals, as opposed to foster, feral or stray animals), from states contiguous to 
Massachusetts, may waive the 48 hour isolation period provided a thorough medical examination has been done. "

The above is from: Dept of Ag Emergency Order 1-AHO-05
http://www.mass.gov/agr/animalhealth/docs/Shelter Rescue Guidelines - final.pdf


This order was primarily designed to deal with the flood of animals coming from the south and literally being "dumped" into an area by selling out of the back of a truck to anyone. 

If you are adopting from a rescue there should be no problem, as the rescue would have all the vet info with the dog. Same with purchase of a puppy, from a reputable breeder, the vet info will be with the dog.

Deb


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## cham (Feb 21, 2008)

Basically what the woman at the Dept of Agr told me what some shelters and rescues in some states ( didnt ask which ones) have a sort of reciprocal agreement with MA. Their shelters has been approved by someone (either a vet or health inspector) who the commonwealth has approved of, and the results have been accepted by MA, so those dogs do not have be quarantined, because their time in the that approved shelter/rescue is considered time served.
Direct adoptions from contiguous states do not need the state oversight if the adoption is directly from the OWNER of the dog, or if the rescue organization has registered with MA ie Yankee Golden Retrievers Rescue. Like anything else in MA, we have rules contradicting rules which change the contradicted rules and rules that supersede the those rules.

The whole thing is ridiculous, silly and typical of MA! :yuck:


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## cubbysan (Mar 13, 2007)

Thank you everybody. I didn't get a chance to read all the links, but there were at least two organizations on Petfinder that said "No longer able to adopt to Massachusetts", another said "At this time we are unable to afford to adopt to Massachusetts residents" - these were both in Rhode Island. Another one said "these puppies cannot be adopted by Massachusetts' residents" but they had other dogs that they did not say that about.

I do know there were at least two truckloads of dogs that were in quarantine at a local vet, and many dogs at the vet caught parvo from these dogs. In addition, some of these dogs did not show symptoms until after they were adopted and the families took them to Petsmart, the local park, etc. So there was a big concern, because all these dogs were dying, and spreading the germs everywhere. I believe the vet is still closed.


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## GoldenJoyx'stwo (Feb 25, 2007)

There are two interesting "clauses" for lack of a better term, on one of these links. 

I have to go back and find them now, but they caught my attention. Here is the link to the info and here is what caught my eye.

To be consistent in its application the shelter/rescues must comply with the following standards: ​ 
Consistently act as a public pound (e.g. municipally operated shelters); ​ 
And ​If the shelter/rescue charges a fee for adoption or solicits funds, goods or services that would be defined as income by the IRS or the Massachusetts Department of Revenue (DOR) the entity must be properly organized as a nonprofit entity recognized by the IRS and the DOR. If the shelter/rescue solicits funds, goods or services that would be defined as charitable contributions the entity must be properly registered with the Massachusetts Office of the Attorney General; ​Or ​If the shelter/rescue pays the costs of all the shelter/rescue efforts and does not charge nor accept money, fees, donations or charity in general from the public or from the people adopting the animals, MDAR will accept a notarized statement signed by a proper signatory for the shelter/rescue indicating the following: ​ 

The shelter/rescue pays for all costs and does not accept reimbursement, donations, charity or any other income (with or without profit) as defined by the IRS, the Department of Revenue or Massachusetts Division of Public Charities. ​Page 2 

Dated January 2007

Hmmm, If a rescue from another state adopts a dog to a resident, they have to be registered within that state?


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## cubbysan (Mar 13, 2007)

Why do laws have to be written so the average person can't understand if he is breaking them or not???


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## cham (Feb 21, 2008)

> Hmmm, If a rescue from another state adopts a dog to a resident, they have to be registered within that state?


My understanding from the woman at the Dept of AGR is that if the adoptive parents go and pick up the dog, then all bets are off except for the CH.

You have to understand in MA it's all about the $$$$, be it tax, surcharge, or fees, hence the name Taxachusetts.


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## Old Gold Mum2001 (Feb 25, 2007)

cham said:


> My understanding from the woman at the Dept of AGR is that if the adoptive parents go and pick up the dog, then all bets are off except for the CH.
> 
> You have to understand in MA it's all about the $$$$, be it tax, surcharge, or fees, hence the name Taxachusetts.


 
EXACTLY!!!
money money money....taxes taxes taxes....

over due for a another tea party is what I say, lol


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## GoldenJoyx'stwo (Feb 25, 2007)

CT is pretty expensive, too.


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