reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 13.00 - Pet Food › Section 13.07 - Drugs and Pet Food Additives

Current through Register 1525, July 5, 2024
(1) An artificial
			 color may be used in apet food only if it has been shown to be harmless to
			 pets. The permanent or provisional listing of an artificial color in the United
			 States Food and Drug Regulations as safe for use together with the conditions,
			 limitations, and tolerances, if any, shall be deemed to be satisfactory
			 evidence that the color is, when used pursuant to such regulations, harmless to
			 pets.
(2) Prior to approval of a
			 registration application and/or approval of a label for pet food, which
			 contains additives, (including drugs, other special purpose additives, or
			 non-nutritive additives) the distributor may be required to submit evidence to
			 prove the safety and efficacy of the pet food, when used according to
			 directions furnished on the label. Satisfactory evidence of the safety and
			 efficacy of a pet food may be:
(a) when the
			 pet food contains such additives, the use of which conforms to the requirements
			 of the applicable regulation in the CFR, Title 21, or which are "prior
			 sanctioned" or "Generally Recognized as Safe" for such use.
(b) When the pet food itself is a drug as
			 defined in Title 21, U.S.C. 360(b) and is generally recognized as safe and
			 effective for label use or is marketed subject to an application approved by
			 the Food and Drug Administration under Title 21, U.S.C. 360(b).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 13.00 - Pet Food › Section 13.08 - Statements of Calorie Content

Current through Register 1525, July 5, 2024
(1) The label
			 of a dog or cat food may bear a statement of calorie content, provided:
(a) That the statement shall be separate and
			 distinct from the "Guaranteed Analysis" and shall appear under the heading
			 "Calorie Content"; and
(b) that the
			 statement shall be measured in terms of metabolizable energy (ME) on an as fed
			 basis and must be expressed as "kilocalories per kilogram" ("keal/kg) of
			 product, and may also be expressed as kilocalories per familiar household
			 measure (
e.g
., cans, cups, pounds); and
(c) an affidavit shall accompany the request
			 for label review or registration, substantiating that the calorie content was
			 determined by:
1. calculation using the
			 "Modified Atwater" Formula; or
2.
			 in accordance with a testing procedure established by AAFCO.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.01 - Definitions and Terms

Current through Register 1525, July 5, 2024
The definitions of terms used in
				330 CMR 14.00 shall be the
				same as those adopted by the Association of American Feed Control Officials
				("AAFCO"), as amended, except as otherwise provided.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.02 - Registration

Current through Register 1525, July 5, 2024
No person shall distribute commercial feed in the commonwealth
				unless the feed is registered with the Department, except that the following
				feeds are exempt from this requirement:
(1) customer formula feeds, raw meat, hay,
			 straw, stover, silages, cobs, husk, hulls when underground and not intermixed
			 with other materials and not adulterated;
(2) individual chemical compounds which meet
			 all of the following criteria:
(a) The
			 Association of American Feed Control Officials has adopted a definition of the
			 product;
(b) The product is either
			 GRAS or is not covered by a specific Food and Drug Administration
			 regulation;
(c) The product is
			 either a natural occurring product of relatively uniform chemical composition
			 or is manufactured to meet the AAFCO definition of the product;
(d) The use of the product in the feed
			 industry constitutes a minor portion of its total industrial use; and
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.03 - Labeling

Current through Register 1525, July 5, 2024
(1) Commercial feeds, other than
			 customer-formula feed, distributed in the Commonwealth shall be labeled, at a
			 minimum, with the following information on the principal display panel of the
			 product and in the following general format:
(a) Net weight, net volume or net
			 count;
(b) Product name and brand
			 name if any;
(c) Guaranteed
			 analysis of:
1. minimum percentage of crude
			 protein;
2. minimum percentage of
			 crude fat; and
3. maximum
			 percentage of crude fiber;
(d) For mineral feeds formulated entirely or
			 mainly from mineral ingredients the label shall include the following, if
			 added:
1. minimum and maximum percentage of
			 calcium;
2. minimum and maximum
			 percentage of salt; and
(e) Name and principal mailing address of the
			 manufacturer and distributor, including the street address, city, state, zip
			 code.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.04 - Brand and Product Names

Current through Register 1525, July 5, 2024
(1) The brand or
			 product name must be appropriate for the intended use of the feed and not be
			 misleading. If the name indicates the feed is made for a specific use, the
			 character of the feed must be appropriate to that use.
(2) Commercial, registered brand or trade
			 names are not permitted in guarantees or ingredient listings.
(3) The name of a commercial feed shall not
			 be derived from one or more ingredients of a mixture to the exclusion of the
			 other ingredients and shall not be one representing any components of a mixture
			 unless all components are included in the name, except that, if any
			 ingredient(s) is intended to impart a distinctive characteristic to the product
			 which is of significance to the purchaser, the name of that ingredient(s) may
			 be used as a part of the brand name if the ingredient or brand or product name
			 is not otherwise false or misleading.
(4) The word "protein" shall not be permitted
			 in the product name of a feed that contains added non-protein
			 nitrogen.
(5) When the name carries
			 a percentage value, it shall signify protein and/or equivalent protein content
			 only, even though it may not explicitly modify the percentage with the word
			 "protein", except that other percentage values may be permitted if they are
			 followed by the proper description and conform to good labeling practices.
			 Digital numbers shall not be used in such a manner as to be misleading or
			 confusing to the customer.
(6)
			 Single ingredient feeds shall have a product name in accordance with the
			 designated definition of feed ingredients as recognized by the Association of
			 American Feed Control Officials.
(7) The word "vitamin", or a contraction
			 thereof, or any word suggesting vitamin may be used only in the name of a feed
			 which is labeled with the minimum content of each vitamin declared.
(8) The word "mineralized" shall not be used
			 in the name of a feed, except for "TRACE MINERALIZED SALT" and the product must
			 contain significant amounts of trace minerals which are recognized as essential
			 for animal nutrition.
(9) The term
			 "meat" and "meat by-products" shall be qualified to designate the animal from
			 which the meat and meat by-product are derived unless the meat and meat
			 by-products are from cattle, swine, sheep or goats.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.05 - Expression of Guarantees

Current through Register 1525, July 5, 2024
(1) The guarantees
			 for crude protein, equivalent crude protein from non-protein nitrogen, lysine,
			 methionine, crude fat, crude fiber and acid detergent fiber shall be in terms
			 of percentage.
(2) Where calcium,
			 salt, and sodium guarantees are given in the guaranteed analysis, they must
			 conform to the following:
(a) When the minimum
			 is below 2.5%, the maximum shall not exceed the minimum by more than 0.5
			 percentage point;
(b) When the
			 minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by
			 more than one percentage point;
(c)
			 When the minimum is above 5.0% or greater the maximum shall not exceed the
			 minimum by more than 20% of the minimum and in no case shall the maximum exceed
			 the minimum by more than five percentage points;
(d) When stated, guarantees for minimum and
			 maximum total sodium, and salt; minimum potassium, magnesium, sulfur,
			 phosphorus and maximum fluoride shall be in terms of percentage. Other minimum
			 mineral guarantees shall be stated in parts per million (ppm) when the
			 concentration is less than 10,000 ppm and in percentage when the concentration
			 is 10,000 ppm (1%) or greater; and
(e) Products labeled with a quantity
			 statement shall state mineral guarantees in milligram (mg) per unit consistent
			 with the quantity statement and direction for use.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.06 - Ingredients

Current through Register 1525, July 5, 2024
(1) The name of each ingredient or collective
			 term for the grouping of ingredients, when required to be listed, shall be the
			 name as defined in the Official Definitions of Feed Ingredients as published in
			 the Official Publication of the AAFCO, as amended the common or usual
			 name.
(2) The name of each
			 ingredient must be shown in letters or type of the same size.
(3) No reference to quality or grade of an
			 ingredient shall appear in the ingredient statement.
(4) The term "dehydrated" may precede the
			 name of any product that has been artificially dried.
(5) A single ingredient product defined by
			 the Association of American Feed Control Officials is not required to have an
			 ingredient statement.
(6) Tentative
			 definitions for ingredients shall not be used until adopted as official, unless
			 there is no official definition or the ingredient has a common accepted name
			 that requires no definition. (
i.e
. sugar).
(7) When the word "iodized" is used in
			 connection with a feed ingredient, the feed ingredient shall contain not less
			 than 0.007% iodine, uniformly distributed.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.07 - Directions for Use and Precautionary Statements

Current through Register 1525, July 5, 2024
(1) Directions for use and precautionary
			 statements on the labeling of all commercial feeds and customer-formula feeds
			 containing additives including drugs, special purpose additives, or non
			 -nutritive additives shall:
(a) Be adequate
			 to enable safe and effective use for the intended purposes by users with no
			 special knowledge of the purpose and use of such articles, and
(b) Include, but not be limited to, all
			 information described by all applicable regulationsunder the Federal Food, Drug
			 and Cosmetic Act, as amended.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.08 - Non-Protein Nitrogen

Current through Register 1525, July 5, 2024
(1) Urea and other
			 non-protein nitrogen products are acceptable ingredients only in commercial
			 feeds for ruminant animals as a source of equivalent crude protein. If the
			 commercial feed contains more than 8.75% of equivalent crude protein from all
			 forms of non-protein nitrogen, added as such, or the equivalent crude protein
			 from all forms of non-protein nitrogen, added as such, exceeds a of the total
			 crude protein, the label shall bear adequate directions for the safe use of
			 feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The directions
			 for use and the caution statement shall be in type of such size so placed on
			 the label that they will be read and understood by ordinary persons under
			 customary conditions of purchase and use.
(2) Non-protein nitrogen when so indicated,
			 are acceptable ingredients in commercial feeds d is tributed to non- ruminant
			 animals as a source of nutrient other than equivalent crude protein. The
			 maximum equivalent crude protein from non-protein nitrogen sources when used in
			 non-ruminant rations shall not exceed 1.25% of the total daily
			 ration.
(3) On labels such as those
			 for medicated feeds which bear adequate feeding directions and/or warning
			 statements, the presence of added non-protein nitrogen shall not require a
			 duplication of the feeding directions or the precautionary statements as long
			 as those statements include sufficient information to ensure the safe and
			 effective use of this product due to the presence of non-protein
			 nitrogen.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.09 - Drug and Feed Additives

Current through Register 1525, July 5, 2024
(1) Prior to
			 approval of a application and/or approval of a label for commercial feed which
			 contains additives, including drugs, other special purpose additives, or
			 non-nutritive additives, the distributor may be required to submit evidence to
			 prove the safety and efficacy of the commercial feed when used according to the
			 directions furnished on the label.
(2) Satisfactory evidence of safety and
			 efficacy of a commercial feed may be:
(a) When
			 the commercial feed contains such additives, the use of which conforms to the
			 requirements of the applicable regulation in the Code of Federal Regulations,
			 Title 21, or other applicable regulation adopted by the United States Food and
			 Drug Administration, or which are "prior sanctioned" or "informal review
			 sanctioned" or "generally recognized as safe" for such use, or
(b) When the commercial feed is itself a drug
			 as defined in Section 3(g) of the Food, Drug and Cosmetic Act and is generally
			 recognized as safe and effective for the labeled use or is marketed subject to
			 an application approved by the Food and Drug Administration under Title
			 21
			 U.S.C.360(b), or
(c) When one of the purposes for feeding a
			 commercial feed is to impart immunity (that is to act through some
			 immunological process) the constituents imparting immunity have been approved
			 for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as
			 amended, or
(d) When the commercial
			 feed is a direct fed microbial product and:
1.
			 The product meets the particular fermentation product definition; and
2. The microbial content statement, as
			 expressed in the labeling, is limited to the following: "Contains a source of
			 live (viable) naturally occurring microorganisms." This statement shall appear
			 on the label; and
3. The source is
			 stated with a corresponding guarantee.
(e) When the commercial feed is an enzyme
			 product and:
1. The product meets the
			 particular enzyme definition by the Association of American Feed Control
			 Officials; and
2. The enzyme is
			 stated with a corresponding guarantee.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.10 - Adulterants

Current through Register 1525, July 5, 2024
(1) For the purposes of M.G.L. c. 128, §
			 54, the term "poisonous or deleterious substances" shall include but is not
			 limited to the following:
(a) Fluorine and
			 any mineral or mineral mixture which is to be used directly for the feeding of
			 domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy
			 cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for
			 swine; and 0.60% for poultry;
(b)
			 Fluorine bearing ingredients when used in such amounts that they raise the
			 fluorine content of the total ration (exclusive of roughage) above the
			 following amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter
			 cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine and 0.03% for
			 poultry;
(c) Fluorine bearing
			 ingredients incorporated in any feed that is fed directly to cattle, sheep or
			 goats consuming roughage (with or without) limited amounts of grain, that
			 results in a daily fluorine intake in excess of 50 milligrams of Fluorine per
			 100 pounds of body weight;
(d)
			 Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets
			 which have been extracted with trichlorethylene or other chlorinated
			 solvents;
(e) Sulfur dioxide,
			 Sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed
			 ingredients which are considered or reported to be a significant source of
			 vitamin B1 (Thiamine).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 14.00 - Manufacture, Sale, And Distribution Of Commercial Feed › Section 14.11 - Good Manufacturing Practices

Current through Register 1525, July 5, 2024
(1) For
			 the purposes of enforcing
			 330 CMR 14.00, the Department
			 adopts the following as current good manufacturing practices:
(a) The Regulations prescribing good
			 manufacturing practices for Type B/C medicated Feeds adopted under the Federal
			 Food, Drug and Cosmetic Act, as published in 21 CFR, 225, §§
			 225.1-225.202 as amended; and
(b)
			 The Regulations prescribing good manufacturing practices for Type A medicated
			 articles adopted under the Federal Food, Drug and Cosmetic Act, as published in
			 21 CFR 226, §§ 226.1-226.115 as amended.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 15.00 - Commercial Fertilizer And Lime › Section 15.01 - Definition

Current through Register 1525, July 5, 2024
Agricultural Liming Materia
l means a
				product whose calcium and magnesium compounds are capable of neutralizing
				soilacdity.
Brand
means the term, designation,
				trademark, product name or other specific designation under which individual
				agricultural liming material is offered for sale.
Burnt Lime
means a material made from
				limestone which consists essentially of calcium oxide or a combination of
				calcium oxide with magnes iumoxide .
Calcium Carbonate Equivalent or "CCE"
means the acid neutralizing capacity of an agricultural liming material
				expressed as weight percentage of calcium carbonate. CCE shall be determined by
				methods prescribed by the Association of Official Analytical Chemists.
Effective Neutralizing Value or "ENV
"
				is the relative value using the calcium oxide content, magnesium oxide content
				and fineness to express the effectiveness of alimestone in neutralizing soil
				acidity. The term is synonymous with effective neutralizing power (ENP).
Fineness
means the percentage by
				weight of the material which will pass U.S. Standard sieves of specific
				sizes.
Hydrated Lime
means a material, made
				from burnt lime, which consists predominantly of calcium hydroxide or a
				combination of calcium hydroxide with magnesium oxide and/or magnesium
				hydroxide.
Industrial By-Product
means any
				industrial waste or by-product containing calcium or calcium and magnesium in
				forms that will neutralize soil acidity.
Limestone
means a material consisting
				essentially of calcium carbonate or a combination of calcium carbonate with
				magnesium carbonate capable of neutralizing soil acidity.
Marl
means a granular or loosely
				consolidated earthy material composed largely of sea shell fragments and
				calcium carbonate.
Shells
means a product obtained by
				grinding the shells of mollusks.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 15.00 - Commercial Fertilizer And Lime › Section 15.02 - License

Current through Register 1525, July 5, 2024
(1) No person shall manufacture or distribute
			 in the commonwealth any type of fertilizer, except specialty fertilizers,
			 without a license issued by the Department to the person whose labelling is
			 applied to the fertilizer.
(2) No
			 person shall distribute in the commonwealth a specialty fertilizer, soil
			 conditioner or agricultural liming material until it is registered with the
			 Department by the manufacturer or distributor.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 15.00 - Commercial Fertilizer And Lime › Section 15.03 - Fertilizer Labeling

Current through Register 1525, July 5, 2024
(1) All fertilizer
			 labels shall contain the following information in a read able and conspicuo us
			 form. This information shall either appear on the front or back of the package,
			 occupy at least the upper third of a side of the package, or be printed on a
			 tag and attached to the package. For bulk products, this same information shall
			 be delivered in printed form to the purchaser at the time of delivery:
(a) Net weight
(b) Brand
(c) Grade (except when no primary nutrients
			 are claimed)
(d) Guaranteed
			 Analysis: percentages shall be shown before the name of the element, and in the
			 following format:
1. Total Nitrogen (N)
			 _________ %
2. _______ % Ammoniacal
			 Nitrogen
3. _______ % Nitrate
			 Nitrogen
4. _______ % Water
			 Insoluble Nitrogen
5. _______ %
			 Urea Nitrogen
6. _______ % Other
			 recognized and determinable forms of nitrogen
7. Available Phosphate (P205) ________
			 %
8. Soluble Potash (K20) _______
			 %
9. Other nutrients as provided
			 for in
			 330 CMR
			 15.02(3)
(e) Sources of nutrients, when
			 shown on the label, shall be listed below the completed guaranteed analysis
			 statement.
(f) Name and address of
			 registrant or licensee.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 15.00 - Commercial Fertilizer And Lime › Section 15.05 - Inspection Fees

Current through Register 1525, July 5, 2024
(1) An inspection
			 fee of 0.15 cents per ton, minimum of $5.00, shall be paid to the Department
			 for all commercial fertilizers and soil conditioners distributed in the
			 commonwealth on a semiannual basis.
(2) This fee shall not apply to sales to
			 manufacturers or exchanges between manufacturers on individual packages of
			 commercial fertilizer or soil conditioners of ten pounds or less.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 15.00 - Commercial Fertilizer And Lime › Section 15.06 - Investigational Allowances and Penalties

Current through Register 1525, July 5, 2024
(1)
			 A commercial fertilizer shall be deemed deficient if the analysis of any
			 nutrient is below the guarantee by an amount exceeding the following values in
			 330 CMR 15.06(1) Table I, or if the overall index value of the fertilizer is
			 below 98%:
TABLE 1
Guarantee percent
Nitrogen percent
Available Phosphoric Acid percent
Potash percent
4.00 or less
0.49
0.67
0.41
5.00
0.51
0.67
0.43
6.00
0.52
0.67
0.47
7.00
0.54
0.68
0.53
8.00
0.55
0.68
0.60
9.00
0.57
0.68
0.65
10.00
0.58
0.69
0.70
12.00
0.61
0.69
0.79
14.00
0.63
0.70
0.87
16.00
0.67
0.70
0.94
18.00
0.70
0.71
1.01
20.00
0.73
0.72
1.08
22.00
0.75
0.72
1.15
24.00
0.78
0.73
1.21
26.00
0.81
0.73
1.27
28.00
0.83
0.74
1.33
30.00
0.86
0.75
1.39
32.00 or more
0.88
0.76
1.44
(2)
			 Secondary and minor elements shall be deemed deficient if any element is below
			 the guarantee by an amount exceeding the values in the following schedule, 330
			 CMR 15.06(2) Table 2:
TABLE 2
Element
Allowable Deficiency
Calcium
0.2 unit + 5% of guarantee
Magnesium
0.2 unit + 5% of guarantee
Sulfur
0.2 unit + 5% of guarantee
Boron
0.003 unit + 15% of guarantee
Cobalt
0.0001 unit + 30% of guarantee
Molybdenum
0.0001 unit + 30% of guarantee
Chlorine
0.005 unit + 10% of guarantee
Copper
0.005 unit + 10% of guarantee
Iron
0.005 unit + 10% of guarantee
Manganese
0.005 unit + 10% of guarantee
Sodium
0.005 unit + 10% of guarantee
Zinc
0.005 unit + 10% of guarantee
The Maximum allowance when calculated in accordance to 330 CMR
				15.06(2) Table 2 shall be 1 unit (1%).
(3) For guarantees not listed in 330 CMR
			 15.06 Tables 1 or 2, the deficiency will be calculated using the same formula
			 by interpolation.
(4) The overall
			 index value shall be calculated by comparing the commercial value guaranteed
			 with the commercial value found.
(5) A penalty of two times the commercial
			 value of the deficiencies shall be assessed and paid to the consumer of the
			 fertilizer within three months after the date of the assessment. If the
			 consumer can not be found, the assessment shall be paid to the Commonwealth.
			 The amount of the unit values of nutrients shall be set by the Department on a
			 regular basis after surveying fertilizer prices in the Commonwealth, and a
			 written list of the current unit values shall be maintained by the
			 Department.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 16.00 - Horses › Section 16.01 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				330 CMR
				16.00, the terms in 330 CMR 16.01 shall have the
				following meanings:
Department
. Department of Agricultural
				Resources.
Person
. Any individual, corporation,
				partnership, association or other business organization.
Reactor
. Any equine which is subject
				to a test for equine infectious anemia and found positive.
Regular Business of Selling, Dealing, Auctioning or
				Transporting Equine Animals
. Shall mean selling, dealing,
				auctioning or transporting more than 20 equine animals per year.
Stable Where Horses are Kept for Hire
.
				Shall include the renting of horses for rides, drives, or trail rides including
				their use as part of camp or ranch activities, and the use of horses for hay
				rides or pony rides.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 16.00 - Horses › Section 16.02 - Licensing of Horse Riding Instructors

Current through Register 1525, July 5, 2024
License Required
.
(1) No Person shall hold himself or herself
			 out as a horse riding instructor for hire unless licensed by the
			 Department.
(2) Any Person desiring
			 to apply for a riding instructor license shall submit, on a form provided by
			 the Department, an application and the appropriate fee.
(3) The Department may license any applicant
			 who meets the following minimum requirements:
(a) The applicant must be 18 years of age or
			 older as of the date of application;
(b) The applicant must have completed a six
			 month apprenticeship with a licensed riding instructor, including at least 60
			 hours of directly supervised instruction to mounted students or must be
			 licensed as a horse riding instructor by another governmental entity;
(c) The applicant must have received a
			 satisfactory score on a written exam administered by the Department. The exam
			 will evaluate an applicant's knowledge relative to the following:
1. riding theory;
2. safety;
3. laws and regulations pertaining to horses
			 including M.G.L. c. 128, §§ 2A and 2B; c. 129, §§ 9 and 44;
			 c. 272, § 77 and
			 330 CMR
			 16.00; and
4. horse anatomy, physiology and general
			 health issues.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 16.00 - Horses › Section 16.03 - Licensing and Operation of Riding Schools and Stables

Current through Register 1525, July 5, 2024
(1)
License
			 Required
.
(a) No Person shall
			 engage in the business of operating a riding school or a Stable where horses
			 are kept for hire in the Commonwealth of Massachusetts unless licensed by the
			 Department.
(b) Any Person desiring
			 to apply for a Riding School and Stable 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. If the
			 Department finds the facilities and equipment in compliance with 330 CMR
			 16.03(2)(a) through (g), the Department may issue a license.
(d) All Riding School and Stable licenses
			 shall expire on March 31st following the date of
			 issuance.
(e) All licensees shall
			 post their license on their premises in a place prominently visible to the
			 public.
(f) The Department may deny
			 a license to any applicant whose facilities and equipment fail to comply with
			 330 CMR 16.03(2)(a) through (g). Any applicant whose license has been denied
			 may submit a written request for a hearing within 14 days following receipt of
			 the Department's decision to deny the license.
(g) 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 or 46, or c. 128, §§ 2A or 2B, or any provision in
			 330 CMR
			 16.00 or M.G.L. c. 272, §§ 77 through
			 79B;
2. Allowed an issued license
			 to be used by an unlicensed Person;
3. Violated a quarantine order issued by the
			 Department; or
4. Made a material
			 misstatement in the application for a license.
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

Current through Register 1525, July 5, 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.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 16.00 - Horses › Section 16.05 - Prevention and Suppression of Equine Infectious Anemia

Current through Register 1525, July 5, 2024
(1)
Negative Test Results
			 Required
(a) No equine over six
			 months of age is permitted at any fair, show, race meet or similar event in the
			 Commonwealth of Massachusetts unless it is accompanied by a negative test
			 result for Equine Infectious Anemia which meets the requirements of 330 CMR
			 16.05(l)(d) and was conducted within the previous 12 months.
(b) No equine is permitted to be auctioned,
			 sold or offered for sale in the Commonwealth of Massachusetts unless
			 accompanied by an official negative test result for Equine Infectious Anemia
			 which meets the requirements of 330 CMR 16.05(l)(d) and was conducted within
			 the previous six months.
(c) Foals
			 under six months of age shall be exempt from the requirements of 330 CMR
			 16.05(l)(a) and (b), provided that the foal is with its dam and the dam is
			 accompanied by an official negative test result as required in 330 CMR
			 16.05(l)(a) or (b).
(d) No negative
			 test result for Equine Infectious Anemia is official unless:
1. the test is United States Department of
			 Agriculture (USDA) approved;
2. the
			 test was conducted at a USDA approved laboratory;
3. the blood tested was drawn by an
			 accredited veterinarian; and
4. the
			 test result sheet clearly identifies the horse.
(e) Any equine found at a fair, show,
			 auction, race meet or sale not accompanied by a negative test result as
			 required in 330 CMR 16.05(l)(a) or (b) shall be ordered isolated and will not
			 be permitted to enter any competition, to be exhibited or offered for
			 sale.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 18.00 - Land Use › Section 18.01 - Definitions

Current through Register 1525, July 5, 2024
As used in
				330 CMR
				18.00:
Agriculture and Farming
means the same
				as defined in M.G.L. c. 128, § 1A.
Arbor
means an area of land devoted to
				the propagation and cultivation of fruitbearing trees and shrubs, and nut
				trees.
Department
means the Department of
				Agricultural Resources.
Elderly Persons of Low Income
means
				persons who are 65 years of age or older and whose annual income is less than
				the amount necessary to enable them to maintain a decent standard of living,
				except where there exists a surplus of land appropriate for garden use, the age
				requirement may be reduced by the director to 62 years of age; but the oldest
				of the applicants between 62 and 65 years of age shall be given preference. The
				elderly persons annual income may not exceed 125% of the Federal Office of
				Management and Budget poverty guidelines.
Families of Low Income
means families
				and persons whose net annual income is less than the amount necessary to enable
				them to maintain a decent standard of living. The family annual income may not
				exceed 125% of the Federal Office of Management and Budget poverty
				guidelines.
Farm
means a body of land devoted to
				agriculture.
Farmer
means any person or group of
				persons granted a permit for the use of vacant farmland in accordance with
				M.G.L. c. 128, §§ 7 A through 7F, for the commercial production of
				agricultural or horticultural products.
Garden
means a piece of land
				appropriate for the cultivation of herbs, fruits, flowers, or
				vegetables.
Group
means individuals organized for
				one or more garden projects.
Person
means any individual,
				partnership, corporation, association, or any other business unit.
Use
means, when applied to gardening,
				to make use of, without conveyance of title or any other ownership.
Vacant Public Land
means any land
				owned by the Commonwealth, or any county or municipality therein, not used for
				public purpose.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 18.00 - Land Use › Section 18.02 - Vacant Public Land Licensing

Current through Register 1525, July 5, 2024
(1)
Agreements with Public Agencies and Property Owners
.
(a) The Department shall, with the
			 cooperation of other state agencies, cities and towns, compile a list of all
			 vacant land, which in the opinion of the agencies, cities and towns, can be
			 feasibly used for gardening, arbor culture or farming.
(b) The Department shall, by letters of
			 agreement, contract with such agencies, cities or towns for the use of said
			 vacant land. Contracts may contain a termination date. If no date is
			 determined, either party may terminate the contract by providing 60 days
			 written notice; but no contract shall be terminated until the end of the
			 harvest season. The Department shall notify the gardeners or farmers of the
			 notice of termination.
(c) Owners
			 of land may make available to the Department parcels of land for the purposes
			 set forth in M.G.L. c. 128, § 7B under terms and conditions agreed upon
			 between the owners and the Department, and the Commonwealth, the department and
			 all of its officers, agents and employees shall be saved harmless as provided
			 in M.G.L. c. 128, § 7B.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.01 - Definitions

Current through Register 1525, July 5, 2024
Handler
is defined as the person under
				whose control and command a Guard Dog performs its required duty. It shall also
				include the person under whose control a free-working guard dog is transported
				to and from its site of duty.
Kenne
l is hereafter defined as a
				multi-animal, indoor shelter containing a section or sections in which one or a
				group of animals is housed.
Single-animal house
is defined as a
				structure designed to house one animal. A motor vehicle is not deemed usable as
				either a kennel or a single-animal house.
Trainer
is defined as that person
				responsible for the training of Guard Dogs. The trainer shall be:
(a) the owner or operator of a guard dog business.
(b) the responsible employee of a Guard Dog Licensee or
(c) a person whose sole business is the supplying of trained
				guard dogs to others.
Work site
is defined as that area or
				building in which a Guard Dog is maintained on patrol, with or without a
				Handler.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.02 - Buildings and Surrounding Areas

Current through Register 1525, July 5, 2024
(1) The
			 licensee shall:
(a) Maintain all buildings,
			 kennels, single-animal houses, premises and conveyances in a sanitary
			 condition. All buildings and enclosures shall be structurally sound and be
			 maintained in good repair.
(b) Have
			 equipment available for proper storage and disposal of waste material to
			 control vermin, insects and obnoxious odors.
(c) Take effective control measures to
			 prevent infestation of animals and premises with external parasites and
			 vermin.
(d) Sufficiently heat
			 facilities and kennel area and adequately ventilate them to provide for the
			 health and comfort of the animals. The ambient temperature shall not be allowed
			 to fall below 50°F nor rise above 85°F.
(e) Provide ample, quality light by natural
			 or artificial means to permit routine inspection and effective
			 cleaning.
(f) Provide interior
			 kennel surfaces that are substantially impervious to moisture and use a
			 suitable drainage method to keep animals and premises clean and dry.
(g) Provide animals kept outdoors with access
			 to proper shelter (kennel or single-animal house) to provide for the health and
			 comfort of the animals. Adequate drainage will be available. A motor vehicle is
			 not deemed usable as a shelter.
(h)
			 Provide each animal in either a kennel or individual house with sufficient
			 space to allow each to turn about freely and to easily stand, lie and sit in a
			 comfortable normal position. Each dog shall be provided a minimum square
			 footage of floor space equal to the mathematical square of the sum of the
			 length of the dog in inches, as measured from the tip of its nose to the base
			 of its tail, plus half that length. A suitable resting area shall be available
			 for each animal.
(i) Group-housed
			 animals must be compatible and housed as in 330 CMR 20.02(1)(h). No more than
			 two adults (over one year of age) may be housed together.
(j) Provide an area subject to size and
			 temperature requirements above and separated from all other animals, which is
			 available for isolation in case of illness.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.03 - Animal Health and Identification

Current through Register 1525, July 5, 2024
(1) Each Guard
			 Dog shall be identified as follows: Each animal shall wear a collar, not less
			 than one inch wide, of RED nylon or heavy leather, on which the words "Guard
			 Dog" are permanently imprinted. It shall either be tattooed or shall wear at
			 all times a metal, numbered or lettered tag which shall identify it
			 individually in company or business records. All required license and rabies
			 vaccination tags shall also be affixed to the collar.
(2) The following documents shall be
			 maintained for each dog and shall be kept for a period of one year following
			 its death or release from use:
(a) Source of
			 animal, description, identification tag, date of birth if known and full-color
			 photograph, at least three inches by five inches, side view, uncropped of the
			 animal.
(b) Copy of rabies
			 vaccination record (vaccination performed by and certificate signed by
			 veterinarian) including date given, length of protection certified, and
			 expiration date of same.
(c) Copy
			 of all health records, including illnesses, accidents, injections for
			 protection against disease, required surgery, etc.
(d) Record of any license numbers required by
			 state or local law.
(e) Final
			 disposition of animal, including date. (Euthanasia, sale, gift, etc.)
(f) Complete record of use or work, with or
			 without attendant handler.
(g)
			 Record shall include address of work site, hours on duty, name of
			 handler.
(h) Record of training
			 received by animal. This shall include length of training period and shall list
			 trainer's name and address.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.04 - Qualifications of Trainers and Methods for Training

Current through Register 1525, July 5, 2024
(1) A trainer shall have one or more of the
			 following qualifications: (An applicant's written qualifications, including
			 copies of all certificates, of the trainer, must be submitted by the person or
			 company applying for the Guard Dog license. These shall be subject to review as
			 a consideration for licensing. )
(a) holder
			 of a completion certificate from a police K-9 Training Course.
(b) holder of a completion certificate from a
			 Military K-9 Training Course.
(c)
			 holder of an official rating as K-9 Trainer from either of the above.
(d) holder of completion certificate from a
			 private kennel or training course whose instructor meets one or more of the
			 above qualifications.
(e) trained
			 and handled a minimum of three animals to certification by the Schutzhund
			 Society or at least to CDX certification by the American Kennel Club.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.05 - Qualifications of Persons Handling and/or Transporting Guard Dogs

Current through Register 1525, July 5, 2024
(1) The handler shall be the responsible
			 employee of the owner of the Guard Dog Business or of a properly accredited
			 Security Business or Police Department employing the dog's services.
(2) Handlers shall be familiar with all laws
			 applying to the use of dogs for the protection of person or property.
(3) Handlers transporting guard dogs shall
			 have had a minimum of two full working days experience with a qualified
			 trainer.
(4) Handlers employed as
			 Guards, with a guard dog, shall have had a minimum of four working days with
			 guard dogs and a minimum of one working day with any particular animal under
			 their use and control.
(5)
			 Transporters and handlers shall be able to walk each dog, on lead, to and from
			 vehicle, to the work site in a way designed to protect public safety.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.06 - Conveyances and Transporting Vehicles

Current through Register 1525, July 5, 2024
(1)
			 Vehicles used to transport Guard Dogs shall be mechanically sound, maintained
			 and equipped to provide fresh air and the control of temperature extremes to
			 all animals being transported.
(2)
			 All enclosures shall be large enough to ensure that each animal contained
			 therein has sufficient space to turn freely in a standing position, insuring
			 natural ability to stand, to sit erect, and to lie in a natural
			 position.
(3) Each vehicle shall
			 display the words "CAUTION-GUARD DOGS" on the rear and on each side, in letters
			 at least six inches high.
(4) Each
			 vehicle shall display the name and full address or name and telephone number o
			 f the Licensee.
(5) Vehicles
			 containing Guard Dogs shall not be left unattended on a public way for more
			 than 15 minutes. The Handler or Driver shall make certain that the animals are
			 secured from release by unauthorized persons before leaving the
			 vehicle.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.07 - Work Site Requirements

Current through Register 1525, July 5, 2024
(1) A work site
			 shall be free of debris, glass or other objects which could be injurious to the
			 animal.
(2) Dogs working in an
			 outdoor site shall be provided with free access to proper shelter containing
			 clean bedding material. This shelter shall meet the requirements of
			 330 CMR
			 20.02. Food and water shall be supplied as
			 applicable in
			 330 CMR
			 20.03.
(3) Outside sites shall be fenced to a clear
			 height of six feet on both sides. Said fence shall not be adjacent to any banks
			 or hills and no objects shall be placed directly against the fence.
(4) Signs stating "CAUTION-GUARD DOGS", or
			 other suitable wording in letters at least six inches high, shall be placed at
			 eye height on each side of outside site or building and at no more than 50-yard
			 intervals along a fence.
(5)
			 Notification, in writing, must be given to local police and fire departments
			 before guard dogs are installed at a site. This letter of notification shall
			 include the name and telephone number (not an answering or call service) of a
			 person who shall remove the free-patrolling animal in case of an
			 emergency.
(6) The health and
			 general condition of an animal on a work site must be inspected at least once
			 daily by the licensee or a qualified person in his employ.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.08 - Record Keeping

Current through Register 1525, July 5, 2024
(1) Any and all
			 records which are required in any of the foregoing sections must be complete,
			 up-to-date where required and available upon request to any inspecting
			 authority.