Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.03 - Definitions

Current through Register 1525, July 5, 2024
Act
. An Act to Prevent Cruelty to Farm
				Animals as enacted in St. 2016, c. 333.
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.
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
				940
				CMR 36.06.
Confined in a Cruel Manner
. Confined
				so as to prevent a covered animal from lying down, standing up, fully extending
				the animal's limbs, or turning around freely.
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.
Egg-laying Hen
. Any female
				domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose
				of commercial egg production.
Enclosure
. 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 or establishments at which inspection is provided
				under the Federal Meat 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. In the
				case of egg-laying hens, fully extending the animal's limbs means fully
				spreading both wings without touching the side of an enclosure or other
				egg-laying hens and having access to at least 1.5 square feet of usable floor
				space per hen.
Guarantee
. A contractual promise, in
				writing, by a seller of shell egg, 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 non-compliance with St. 2016, c. 333 or
				940 CMR
				36.00 by the seller.
Person
. Any individual, firm,
				partnership, joint venture, limited liability corporation, estate, trust,
				receiver, syndicate, association, or other legal entity.
Pork Meat
. Meat, as defined in
				105
				CMR 500.003:
Definitions
, 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. 2016, c. 333 but does not include any sale
				undertaken at an establishment at which inspection is provided under the
				Federal Meat Inspection Act. A sale occurs at the location where the buyer
				takes physical possession of an item covered by St. 2016, c. 333.
Shell Egg
. A whole egg of an
				egg-laying hen in its shell form, intended for use as human food.
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 hen, as calculated by dividing the
				total square footage of floor space provided to hens in an enclosure (including
				both ground space and elevated flat platforms) by the number of hens in that
				enclosure.
Veal Meat
. Meat, as defined in
				105
				CMR 500.003:
Definitions
, of
				a calf raised for veal, 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.