Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 12.00 - Licensing and Operation of Pet Shops › Section 12.01 - Definitions

Current through Register 1525, July 5, 2024
As used in
				330 CMR 12.00:
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.
Applicant
. A Person who has applied
				for a License or renewal of License from the Department.
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
				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 issues.
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 Selling or
				Offering for Sale such Animals.
Health Certificate
. A document dated
				and signed by a Veterinarian certifying that an Animal is free of any symptoms
				of infectious or contagious disease.
Impervious
. A non-porous, impermeable
				surface through which a liquid will not be allowed to pass but upon which water
				will bead.
Individual Animal Record
. A
				comprehensive record relating to an individual Animal that includes, where
				applicable, a history of vaccinations, history of all medical treatment
				including administered medications, source of animal, name and address of
				purchaser, Official Identification, date of sale, mortality record, and such
				other records as may be appropriate.
Isolation Room
. A location approved by
				the Department designed to serve as a receiving and holding station for Animals
				prior to Sale or Offer for Sale. An Isolation Room may be used as a Quarantine
				Room for Animals that are potentially affected with or exposed to contagious or
				infectious illnesses.
License
. Revocable permission to
				operate a Pet Shop in the Commonwealth and to Sell or Offer for Sale Animals
				from such Pet Shop. Licenses shall be issued as Class A, B, or C. Any use of
				the term
License
shall apply to all classes of
				Licenses issued under
				330 CMR 12.00, unless
				otherwise indicated.
Licensee
. A Person who has received a
				Class A, B, or C 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 and the group with which it arrived attached to the enclosure will
				suffice.
Person
. An individual, trust, firm,
				joint stock company, corporation, partnership, association, cooperative, or
				other business organization and any officer, employee, representative, or agent
				thereof.
Pet Shop
. A place or premises where
				Animals are kept for the purpose of either wholesale or retail sale, import,
				export, barter, exchange, or gift. For the purposes of
				330 CMR 12.00, entities
				licensed by the Department as a Rescue Organization under 330 CMR 30.00:
Animal Rescue and Shelter Organization Regulations
shall not
				be deemed a Pet Shop. To the extent a Pet Shop engages in import or export
				activities other than obtaining Animals from a breeder or broker for payment or
				compensation, or otherwise acts as a Rescue Organization as defined in 330 CMR
				30.02:
Definitions,
it shall comply with all applicable
				provisions of 330 CMR 30.00.
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 by 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.
Sale
,
Sell
,
Sold
or
Offer for Sale
. To
				sell, barter, exchange, give away, or otherwise confer ownership of an Animal
				to a Person other than the Licensee, or to display or have within view of the
				public an Animal in a Pet Shop or otherwise make known that an Animal is
				available for such transactions.
Taxonomic Derivation
. The Latin
nomenclature
for the
genus
and
				species.
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.