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

Current through Register 1525, July 5, 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.