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

Current through Register 1525, July 5, 2024
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.