reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of 330 CMR 30.00 is to provide standards relating
				to the importation, handling, and care of Animals in connection with their
				Placement within the Commonwealth of Massachusetts by a Rescue
				Organization.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.03 - License Required

Current through Register 1525, July 5, 2024
No individual or entity shall, without first having obtained a
				License issued by the Department, operate a Rescue Organization, or Import or
				Place Animals, in the Commonwealth. A License issued under 330 CMR 30.00 shall
				be:
(a) Valid only for the Organization
			 name specified therein; and
(b)
			 Nontransferable.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.04 - License Application Procedures

Current through Register 1525, July 5, 2024
(1) A complete
			 application for a License or renewal of License shall be submitted to the
			 Department on a form prescribed by the Department. The application shall state
			 the Applicant's name, name of individual serving as the primary contact for the
			 Applicant, principal place of business, and a detailed operations plan that
			 includes the following information in writing:
(a) a complete list of the Organization's
			 directors and managerial personnel;
(b) a complete list of the locations of all
			 Facilities, including shelters or kennels, where Animals in the custody of the
			 Organization are or will be housed, and an accounting of the number of Foster
			 Homes being utilized, and the maximum number of Animals that could be
			 appropriately cared for at each location;
(c) the location within the Commonwealth
			 where the Organization will maintain its records;
(d) methods of acquiring Animals for purposes
			 of Placement;
(e) methods of Animal
			 care and maintenance;
(f)
			 description of Facility operations and maintenance;
(g) the handling and segregation of Animals
			 in the custody of the Organization that are found to be suffering from illness
			 or injury;
(h) methods to ensure
			 the handling and disposing of deceased Animals in a sanitary manner;
(i) such other detailed information that
			 fully describes the Organization's proposed activities;
(j) evidence that the Organization holds
			 § 501(c)(3) of the Federal Internal Revenue Code or an equivalent Internal
			 Revenue Service nonprofit designation and is in good standing;
(k) evidence that the Organization holds a
			 registration as a Public Charity with the Office of the Massachusetts Attorney
			 General and is in good standing;
(l)
			 evidence that the Organization holds a current kennel license from the
			 municipality in which any Facility is operating, if applicable;
(m) a policy regarding the method(s) of
			 euthanasia to be employed and the circumstances under which euthanasia will be
			 performed, if applicable;
(n)
			 evidence that the Organization holds a current certificate of occupancy from
			 the municipality in which any Facility is operating; and
(o) whether the Organization intends to
			 import Dogs or Cats into the Commonwealth; if so, the Department must issue an
			 Import License that clearly authorizes the Import of Dogs and Cats in addition
			 to their Placement within the Commonwealth.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.05 - Facility Requirements

Current through Register 1525, July 5, 2024
(1)
General Facilities
. For buildings and premises that
			 are utilized as a Facility, each Licensee shall:
(a) Maintain all buildings and premises in
			 good repair and in a Sanitary Condition;
(b) Maintain and use equipment in a manner
			 which ensures the proper and legal storage and disposal of wastes or
			 disease-contaminated material including, but not limited to, medical supplies,
			 syringes, needles, and sharps containers;
(c) Take and maintain effective control
			 measures to prevent the spread of disease, noxious odors, and the infestation
			 of Animals and premises with external parasites, insects, or vermin;
(d) Provide and maintain artificial
			 illumination in all areas and rooms in which Animals are kept. The artificial
			 illumination shall be well distributed and adequate to provide efficient
			 inspection and cleaning of Facilities, enclosures, cages and Animals. Each cage
			 and enclosure in use shall be situated in a manner that protects the Animals
			 contained from excessive or stressful illumination;
(e) To the extent feasible, natural
			 illumination should be utilized during daylight hours in all areas and rooms
			 where Animals are kept. Artificial illumination must be available during
			 non-daylight hours; and
(f) Make a
			 freezer or other means of mechanical or non-mechanical refrigeration available
			 at the Facility for the temporary storage of deceased Animals, unless an
			 arrangement has been made with another entity capable of appropriately storing
			 and disposing of deceased Animals. Any such arrangement with another entity
			 shall be made in writing and kept as part of the Organization's operations
			 plan.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.06 - Animal Care Requirements

Current through Register 1525, July 5, 2024
(1)
General Animal Care
. The Organization shall provide
			 staffing adequate to ensure the general care and maintenance of the Animals on
			 a daily basis. With due regard to the differences in species, breed, age, and
			 condition, the Organization shall ensure that every Animal:
(a) be kept clean and dry;
(b) be provided with emergency and standard
			 veterinary care in a timely manner by a Veterinarian or as prescribed by a
			 Veterinarian consistent with a valid veterinarian-client patient relationship,
			 pursuant to the Board of Registration in Veterinary Medicine regulations at
			 256 CMR
			 2.00:
General Provisions.
Emergency
			 care shall be provided immediately. Non-emergency veterinary care shall be
			 sought within 48 hours after the discovery of the need;
(c) be provided with sufficient fresh
			 food;
(d) be provided at all times,
			 or at regular intervals, with access to clean drinking water;
(e) be housed in an area having appropriate
			 temperature and ventilation;
(f) be
			 protected from weather and the elements;
(g) be provided with clean bowls, dishes, or
			 other containers for food and water;
(h) be free from contamination by excrement,
			 urine, or other matter;
(i) when
			 appropriate for the species, breed, and age, be given the opportunity to
			 exercise outside of its enclosure regularly in order to maintain the Animal in
			 good health and reduce the stress of confinement;
(j) when held in group housing, be housed in
			 compatible groups without overcrowding; and
(k) if a Dog or Cat, be examined by a
			 Veterinarian every 180 days.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.07 - Foster Care

Current through Register 1525, July 5, 2024
(1) No person may
			 operate a Foster Home without first having signed a written agreement with an
			 Organization stating that the person may operate the Foster Home with the
			 approval of and under the responsibility of the Organization. Such written
			 agreements shall be renewed at least once every two years, and a copy of such
			 agreement shall be kept by both the Organization and Foster Home and made
			 available for inspection by the Department upon request. It is the
			 Organization's responsibility to ensure animals kept in Foster Homes remain in
			 compliance with 330 CMR 30.06.
(2)
			 In addition to the written agreement, a Person providing Foster Care must sign
			 an acknowledgement of having received and read the document entitled "Best
			 Practices for Providing Foster Care" that shall be provided by the Department.
			 The Organization shall keep the signed acknowledgement at the location within
			 the Commonwealth it has designated to maintain its records.
(3) An Animal maintained in Foster Care
			 affected by an infectious or contagious disease shall be handled in a manner
			 that prevents the spread of disease including, but not limited to, Quarantine
			 in place.
(4) A copy of the current
			 Individual Animal Record shall be kept in the Foster Home where the Animal is
			 housed. In the alternative, the Organization may, if appropriate to protect the
			 identity of the source of the Animal, provide the Foster Home with a partial
			 Animal record consisting of the information required under 330 CMR 30.11(2)(a)
			 through (m), so long as the Organization also maintains a copy of the complete
			 Individual Animal Record at the location it has designated under 330 CMR
			 30.04(l)(c) to maintain such records.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.08 - Imported Animals

Current through Register 1525, July 5, 2024
(1)
Isolation Upon Import
. The following requirements
			 shall apply to any Organization holding an Import License:
(a) Any Imported Dog or Cat shall be brought
			 directly upon import to an Isolation Room in accordance with 330 CMR 30.05(2)
			 and be placed in an Isolation Room to be held for observation for a minimum of
			 48 hours.
(b) No new Dog or Cat may
			 be introduced into an Isolation Room during the 48-hour isolation period
			 without the 48-hour isolation period being restarted.
(c) At the conclusion of the mandatory
			 48-hour isolation period, the isolated Dog or Cat shall be examined by a
			 Veterinarian.
(d) Dogs or Cats
			 deemed healthy shall be issued a Health Certificate by a Veterinarian prior to
			 being removed from the Isolation Room.
(e) Any Dog or Cat showing signs of having an
			 infectious or contagious disease shall be placed under Quarantine. Quarantined
			 Animals shall remain in the Isolation Room or be held in a separate Quarantine
			 Room within the same Facility until deemed healthy by a Veterinarian and shall
			 be issued a valid Health Certificate prior to being removed from the Isolation
			 Room or Quarantine Room, unless other arrangements have been agreed to by the
			 Department.
(f) No Animal presumed
			 to be healthy shall be placed in an Isolation Room or Quarantine Room that is
			 being used to hold sick or Quarantined Animals.
(g) If for any reason the Organization's
			 Isolation Room is deemed non-operational, the Organization shall notify the
			 Department in writing within 24 hours.
(h) Any Dog or Cat that is an Owner Surrender
			 from Another New England State or the State of New York shall be exempt from
			 the requirements of 330 CMR 30.08(1).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.09 - Restrictions on Placement

Current through Register 1525, July 5, 2024
(1) Unless otherwise
			 specified in 330 CMR 30.09, no Licensee may Place an Animal that tests positive
			 for or shows signs of any of the following conditions:
(a) Viral, bacterial, fungal or parasitic
			 infections, or any contagious disease including, but not limited to, distemper,
			 hepatitis, leptospirosis, kennel cough,
coccidiosis,
			 giardiasis,
parvo virus, or rabies;
(b) Evidence of parasitism which is impacting
			 the general health of the Animal, including heartworm; or
(c) Any significant behavioral concern, such
			 as signs of a temperamental or behavioral issue, which may pose a safety risk
			 to humans or other animals.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.10 - Reclamation of Owned Pets

Current through Register 1525, July 5, 2024
(1) If the
			 Organization comes into possession of any stray, lost, or other displaced or
			 apparently homeless Animal from anywhere within the Commonwealth, the
			 Organization shall immediately report this to the local Animal Control Officer
			 in the municipality where the Animal was found. Any such Dog shall remain in
			 the custody and control of the Animal Control Officer for a minimum of seven
			 calendar days, or for a different length of time as required by applicable law,
			 in accordance with M.G.L. c. 140, § 151 A.
(2) The Organization, upon acquisition of
			 such Animal, shall immediately check for microchips, identification tags, or
			 any other form of identification, and shall document the findings in the
			 Animal's Individual Animal Record.
(3) The Organization shall make every
			 reasonable effort to locate and notify the owner of an identified Animal and to
			 facilitate its return.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.11 - Records

Current through Register 1525, July 5, 2024
(1) Records shall be maintained in accordance
			 with 330 CMR 30.00 and 330 CMR 30.11 and shall be made available for review by
			 the Department during any inspection or upon request.
(2)
Individual Animal
			 Records
. The Organization shall keep a complete copy of the record
			 of each Animal in its custody. The record of each Animal shall, at a minimum,
			 include the following information:
(a)
			 breed;
(b) sex and reproductive
			 status, and, if spayed or neutered, the date and name of the Veterinarian
			 performing the surgery, when available;
(c) age;
(d) name, if applicable;
(e) microchip number, tattoo, or other
			 Official Identification;
(f) color
			 and distinctive markings;
(g)
			 health status;
(h) history of
			 vaccinations administered, including rabies vaccination;
(i) Health Certificate verifying that any Dog
			 or Cat was examined by a Veterinarian within 180 days prior to Placement. This
			 Health Certificate is valid for 180 days, provided the Dog or Cat remains
			 healthy during that time. Dogs or Cats that become ill and recover need a new
			 Health Certificate prior to Placement. The Health Certificate shall state:
1. the date of examination; and
2. that the Dog or Cat is free of any
			 symptoms of infectious or contagious disease,
(j) if the Animal was imported into the
			 Commonwealth, a copy of the Animal's OCVI;
(k) all vaccines, prophylactic, and
			 therapeutic medications, and all other medications administered to the Animal,
			 identified by name of drug, dosage, and dates and duration of
			 administration;
(l) observations or
			 findings of behavioral concerns or temperament issues that may pose a safety
			 concern for humans or other animals;
(m) Disclosure Statement with a signed
			 acknowledgment of receipt;
(n) the
			 name and address of the Organization or individual from whom the Animal was
			 obtained, and the date of receipt;
(o) the name and address of the Person to
			 whom the Animal was transferred, and the date of Placement; and
(p) the mortality of any Animal and the
			 cause, if known, including euthanasia.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.12 - Inspections and Quarantines

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 129, § 7, the Department shall have the right to inspect
			 any Facility, and the Animals therein, during normal operating hours.
			 Additionally, the Department shall be given access to and the right to inspect
			 and copy any and all records pertaining to such Animals.
(2) Any Facility required to maintain a
			 kennel license in accordance with M.G.L. c. 140, § 137 A, is subject to
			 inspection by the Animal Control Officer of the municipality in which the
			 Facility is located.
(3) The
			 Department may order that a Quarantine be placed on the entire premises
			 operated by a Licensee, on a specific species, on a specific group of Animals
			 or an individual Animal for any of the following:
(a) Excessive parasitism;
(b) Poor body condition;
(c) Presence of, or exposure to, infectious
			 or contagious disease; or
(d) The
			 importation of a Dog or Cat into Massachusetts in violation of M.G.L. c. 129,
			 § 39G, or
			 330 CMR
			 3.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations › Section 30.13 - Enforcement

Current through Register 1525, July 5, 2024
(1) The Department may deny, revoke, or
			 suspend a License upon finding that the Organization has not complied with the
			 provisions of 330 CMR 30.00.
(2) An
			 emergency suspension may be imposed for any Licensee whose officers, employees,
			 or volunteers have been charged with violations of M.G.L. c. 272, §§
			 77 through 95, provided that a hearing is held within 21 days after the date of
			 such suspension.
(3) Except for
			 emergency suspensions under 330 CMR 30.13(2), no License or renewal of License
			 may be denied, revoked, suspended, or renewal denied prior to notice of the
			 opportunity for a full and fair hearing. A request for a hearing must be made
			 in writing to the Department within 21 days following notification of the
			 Department's decision.
(4) All
			 hearings shall be conducted in accordance with M.G.L. c. 30A.
(5) Any action taken under 330 CMR 30.00
			 shall not limit the Department's authority to take additional action as
			 necessary pursuant to M.G.L. c. 129, including assessment of fines pursuant to
			 M.G.L. c. 129, § 37.
(6)
Transfer of Animals
. The Department may order the
			 transfer of any Animal in the custody of any Organization found in violation of
			 any provisions of M.G.L. c. 129 or 330 CMR 30.00 to a compliant
			 Organization.
(7)
Severability
. If any provision of 330 CMR 30.00 shall
			 be declared invalid for any reason whatsoever, that decision shall not affect
			 any other portion of 330 CMR 30.00, which shall remain in full force and
			 effect; and to this end the provisions of 330 CMR 30.00 are hereby declared
			 severable.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.01 - Purpose

Current through Register 1525, July 5, 2024
330 CMR 31.00 establishes
				limitations on the application of plant nutrients to lawns and non-agricultural
				turf to prevent these non-point source pollutants from entering the surface and
				groundwater resources of the Commonwealth of Massachusetts. These state-wide
				limitations on plant nutrient applications will enhance the ability of
				municipalities to maximize the credits provided in the National Pollution
				Discharge Elimination System permits issued by the United States Environmental
				Protection Agency.
				330 CMR 31.00 further ensure
				that plant nutrients are applied to agricultural land in an effective manner to
				provide sufficient nutrients for plant growth while minimizing the impacts of
				the nutrients on water resources in order to protect human health and the
				environment.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.03 - Plant Nutrient Application Requirements for Agricultural Land

Current through Register 1525, July 5, 2024
(1) Any Person who applies, or authorizes any
			 Person by way of service contract or other arrangement to apply, Plant
			 Nutrients to Agricultural Land shall:
(a)
			 Apply Plant Nutrients according to
UMass Guidelines
, if
			 available;
(b) Not apply Plant
			 Nutrients directly to Surface Water;
(c) Not apply Plant Nutrients to Saturated
			 Soil unless normal operation requires activities to take place at a time when
			 such a condition exists;
(d) Not
			 apply to Frequently Flooded Soils during a period when flooding is
			 expected;
(e) Not apply Plant
			 Nutrients to Frozen Soil or Snow Covered Soil, except for the conditions
			 outlined in 330 CMR 31:03(3); and
(f) In addition to the requirements of
			 330 CMR 31.00, applications
			 of Biosolids must be made in accordance with the requirements of
			 310 CMR 32.00:
Land
			 Application of Sludge and Septage
.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.04 - Requirements for Nutrient Management Plan and Testing for Agricultural Land

Current through Register 1525, July 5, 2024
(1) Regardless of the number of acres, any
			 Person who applies Plant Nutrients to Agricultural Land shall comply with the
			 Plan guidance set forth within the
UMass Guidelines
for the
			 agricultural commodity. This may include multiple
UMass
			 Guidelines
specific to the commodity being grown. The information
			 maintained as part of any
UMass Guideline
recommendation shall
			 constitute the Plan for the Agricultural Operation.
(2) In the event that
UMass
			 Guidelines
are not available, a Plan containing the information shall
			 be maintained by the Operator of the Agricultural Operation for all Plant
			 Nutrient applications made to ten or more acres of Agricultural Land:
(a) Plan identification, which shall include:
1. Operator name and address;
2. location of all land under the
			 Plan;
3. date the Plan was prepared
			 or updated;
4. period of time the
			 Plan covers; and
5. name and
			 contact information of the Person responsible for the Plan
			 development.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.05 - Limitations on the Application of Phosphorus Containing Fertilizer; Requirements for the Application of Plant Nutrients and Phosphorus Containing Fertilizer to Non-agricultural Turf and Lawns

Current through Register 1525, July 5, 2024
(1) The following shall apply to Phosphorus
			 Containing Fertilizer:
(a) No Person may
			 purchase and apply, or authorize any Person, by way of service contract or
			 other arrangement, to apply any Phosphorus Containing Fertilizer on
			 Non-agricultural Turf or Lawns except under the following conditions:
1. Soil Test, taken not more than three years
			 before the application, indicates that additional phosphorus is needed for
			 growth; or
2. The Phosphorus
			 Containing Fertilizer is used to establish new Lawn or new Non-agricultural
			 Turf area.
A new Lawn or Non-agricultural Turf area shall be defined as
				bare ground or as part of a Renovation. The use of phosphorus for these
				purposes shall be limited to the first growing season.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.06 - Soil Testing for the Application of Plant Nutrients, Including Phosphorus Containing Fertilizer, to Non-agricultural Turf and Lawns

Current through Register 1525, July 5, 2024
(1) Soil Tests shall be valid for three years
			 and only for the Management Unit on which the sample was collected. Any
			 subsequent phosphorus applications to the same Management Unit shall be based
			 on the results of a valid Soil Test.
(2) Standard Soil Test analyses shall be
			 conducted by a laboratory using methods and procedures recommended by
UMass Guidelines
.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.07 - Record Keeping Requirements for Applications of Plant Nutrients or Phosphorus Containing Fertilizer to Non-agricultural Turf and Lawns

Current through Register 1525, July 5, 2024
(1) Any Person who applies Plant Nutrients or
			 Phosphorus Containing Fertilizer to Non-agricultural Turf or Lawns shall
			 maintain records of each application. The following information shall be
			 recorded electronically or
via
hard copy:
(a) Name of Applicator;
(b) Date of application;
(c) Address or location description of the
			 application site;
(d) Soil Test
			 results for the property or Management Unit;
(e) Name of product applied;
(f) Size of the area on which the application
			 is made;
(g) Representative
			 nutrient value or analyzed values, or guaranteed analysis;
(h) Method and rate of application;
			 and
(i) Total amount
			 used.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.08 - Retailer Requirements

Current through Register 1525, July 5, 2024
Any Retailer who sells, or offers for sale, Phosphorus
				Containing Fertilizer shall:
(a)
			 Display the product separately from non-phosphorus Plant Nutrients;
			 and
(b) Post in a location where
			 Phosphorus Containing Fertilizer is displayed a clearly visible sign, at least
			 11" x 17" in dimension, which reads as follows: "PHOSPHORUS RUNOFF POSES A
			 THREAT TO WATER QUALITY. THEREFORE, UNDER MASSACHUSETTS LAW, PHOSPHORUS
			 CONTAINING FERTILIZER MAY ONLY BE APPLIED TO LAWN OR NON-AGRICULTURAL TURF WHEN
			 (I) A SOIL TEST INDICATES THAT ADDITIONAL PHOSPHORUS IS NEEDED FOR THE GROWTH
			 OF THAT LAWN OR NON-AGRICULTURAL TURF; OR (II) IS USED FOR NEWLY ESTABLISHED
			 LAWN OR NON-AGRICULTURAL TURF DURING THE FIRST GROWING SEASON."
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.09 - Enforcement; Assessment of Civil Penalty

Current through Register 1525, July 5, 2024
(1)
			 The Department may impose a fine on any Person who violates any provision of
			 330 CMR 31.00 as follows:
(a) Not more than $250 for a first violation,
			 $500 for a second violation, and $1,000 for a third or subsequent violation;
			 and
(b) Each day a violation occurs
			 under
			 330 CMR 31.00 is a separate
			 violation.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.10 - Appeal

Current through Register 1525, July 5, 2024
Any Person aggrieved by any decision of the Department over the
				assessment of a fine imposed under
				330 CMR 31.00 may appeal by
				filing a notice of appeal with the division of administrative law appeals
				within ten days of receipt of the notice of the fine pursuant to the provisions
				set forth in M.G.L. c. 128, § 2(k).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes › Section 31.11 - Exemptions

Current through Register 1525, July 5, 2024
Educational institutions and researchers may apply to the
				Department for an exemption to
				330 CMR 31.00 for research,
				education, and demonstration purposes.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
330 CMR 32.00 establishes the requirements for the production
				and research of Hemp within the Commonwealth of Massachusetts. 330 CMR 32.00 is
				intended to ensure consistency and compliance with
				Pub. L. No.
				115-334, as amended, and 7 CFR Part 990, as
				amended, and to allow the Commonwealth, through the Department, to exercise
				primary regulatory authority over the production of Hemp in the Commonwealth in
				accordance with federal law.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.03 - License Requirements; Fees

Current through Register 1525, July 5, 2024
(1) No
			 Person shall Produce Hemp or use Hemp Stock for Production or Research without
			 first obtaining a License from the Department.
(a) A Person may apply for either a License
			 for Production or a License for Research. No Person may apply for both a
			 Production and Research License during the same licensing period.
(b) All Licenses are
			 nontransferable.
(c) Hemp
			 cultivated for Research shall not result in the Production of Hemp or
			 Hemp-derived products.
(d) All
			 Research shall be conducted in accordance with
			 Pub. L. No.
			 115-334 and 7 CFR Part 990, as amended. If a
			 Research Licensee intends to engage in Production, they must first apply for
			 and obtain a Production License and comply with all the requirements for
			 Production. No Person shall hold both a Production and Research License during
			 the same licensing period.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.04 - Hemp Production; Sign Posting; Reporting Requirements

Current through Register 1525, July 5, 2024
(1) Hemp that is produced for Research is not
			 subject to the sign posting and reporting requirements in 330 CMR 32.04;
			 provided that the Licensed Researcher adopts and carries out an approved
			 alternative reporting plan as described in 330 CMR 32.03(6).
(2) Prior to Planting a Crop, the following
			 information must be provided to the Department:
(a) Documentation showing the Hemp or Hemp
			 Stock has been tested and shows an Acceptable Hemp THC Level; and
(b) Any additional information that the
			 Department deems necessary prior to Production.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.06 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
(1) All
			 Licensees shall maintain true and accurate records of the Crop that has been
			 acquired, Produced, Researched, handled, or disposed of.
(a) Cultivation records must include the
			 following:
1. Documentation showing the Hemp
			 Stock used for Planting has been tested and shows Acceptable Hemp THC
			 levels;
2. Amount of seeds/plants
			 Planted;
3. Total area Planted in
			 acres or square feet;
4. Date that
			 Hemp Stock is put into a growing medium;
5. Variety of Hemp that was Planted;
			 and
6. Lot name or number assigned
			 by the Licensee.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.07 - Breeders

Current through Register 1525, July 5, 2024
(1) In addition to
			 the recordkeeping requirements as listed in 330 CMR 32.06(1), Breeders are
			 required to keep the following records:
(a)
			 Lot number assigned to each Production batch;
(b) Number of plants produced per Lot
			 planted; and
(c) Variety within the
			 individual Lot.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.08 - Enforcement

Current through Register 1525, July 5, 2024
(1) Any violation
			 of 330 CMR 32.00 shall be subject to enforcement by the Department pursuant to
			 330 CMR 32.08.
(2)
Negligent Violations
.
(a) A Negligent violation shall include, but
			 not be limited to, the following:
1. Failure
			 to provide to the Department an accurate legal description of land on which the
			 Licensee cultivates Hemp;
2.
			 Failure to obtain a License; or
3.
			 Producing Cannabis with a delta-9 tetrahydrocannabinol concentration of more
			 than 0.3%, but only if the Cannabis has a delta-9 tetrahydrocannabinol
			 concentration of more than 1.0% on a dry weight basis, provided that the Person
			 made reasonable efforts to grow Hemp.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 32.00 - Hemp Production › Section 32.09 - Appeals

Current through Register 1525, July 5, 2024
Any person aggrieved by the denial of an application for or the
				suspension or revocation of a License may appeal by filing a notice of appeal
				with the Department not later than 21 days after the receipt of the notice of
				the denial, suspension, or revocation. The adjudicatory hearing shall be
				conducted in accordance with M.G.L. c. 30A.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 330 CMR 34.00 is to establish statewide
				science-based minimum standards relating to the sanitary and safe growing,
				harvesting, labeling, packing, and holding of fresh fruits and vegetables grown
				for human consumption in the Commonwealth of Massachusetts consistent with
				those established by the FDA under 21 CFR § 112
et
				seq
.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.03 - Registry

Current through Register 1525, July 5, 2024
(1)
The Department Shall Maintain
			 a Registry
. Any Covered Farm shall annually, but no later than
			 December 31st, provide the Department with records
			 sufficient to show the following information or, in the alternative, provide
			 the Department with the following information in a form issued by the
			 Department:
(a) Name and address of the
			 Covered Farm;
(b) Person(s) owning
			 or operating the Covered Farm;
(c)
			 Address of Person(s) owning or operating the Covered Farm;
(d) Description of Produce grown at the
			 Covered Farm;
(e) Address of actual
			 location where Produce will be grown and acreage of Farm;
(f) Address of actual location where Produce
			 will be grown and type of indoor growing facilities, if any
			 (
e.g
., greenhouse, hoop house, or residence);
(g) Information indicating whether the Farm
			 is a Covered Farm or Qualified Exempt Farm under 330 CMR 34.10(1);
			 and
(h) Such other information as
			 the Department may reasonably require promoting and protecting public health
			 and safety.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.05 - Inspections

Current through Register 1525, July 5, 2024
(1)
Right of Entry
.
(a) In the case of a Covered Farm, the
			 Department shall have the right to enter upon and inspect such Covered Farm
			 during reasonable hours to ensure compliance with the Produce Safety Rule, and
			 330 CMR 34.00
et seq
.
(b) In the case of a Farm that has opted into
			 the Registry and inspection program under 330 CMR 34.03(2)(a), the Department
			 may enter upon and inspect such Farm during reasonable hours to ensure
			 compliance with the Produce Safety Rule and 330 CMR 34.00
et
			 seq
.
(c) Inspection areas
			 may include, without limitation, any area or conveyance that is part of or used
			 by the Farm, including the following:
1.
			 fields;
2. buildings;
3. vehicles; and
4. any other location where Produce is grown,
			 harvested, packed, stored, or held.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.06 - Adulterated and Misbranded Produce

Current through Register 1525, July 5, 2024
(1) The sale, or
			 offering for sale, of Adulterated Produce or Misbranded Produce in the
			 Commonwealth shall be prohibited.
(2) The Department may investigate any
			 allegation of adulteration, misbranding, illness, or injury related to or
			 alleged to have been caused by Produce grown and offered for sale in the
			 Commonwealth.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.07 - Compliance and Enforcement

Current through Register 1525, July 5, 2024
(1) Violations of
			 330 CMR 34.03, 34.04, 34.05, and 34.06 shall be subject to the enforcement
			 provisions in 330 CMR 34.07.
(2) If
			 an inspection or investigation reveals any violation of 330 CMR 34.00
et
			 seq
., which does not rise to the level of an Egregious Condition, the
			 Farm shall be notified in writing of such violation(s) and of any corrective
			 actions necessary to cure the violation, in addition to the time period within
			 which corrective actions shall be completed.
(3) Notices of violation(s) shall be provided
			 in writing and shall include the following information when applicable:
(a) Statement of violation(s)
			 found;
(b) Legal basis for
			 findings;
(c) Level of
			 severity;
(d) Corrective actions to
			 be implemented; and
(e) Time period
			 to correct violations.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.08 - Appeals

Current through Register 1525, July 5, 2024
Any Person aggrieved by an Order may, within 21 days after the
				Department provides such order under 330 CMR 34.07(7), request a hearing before
				the Department pursuant to M.G.L. c. 30A. A request for an adjudicatory hearing
				shall be made in writing to the Department as instructed in the
				Order.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.09 - Records

Current through Register 1525, July 5, 2024
(1) Records required to be maintained shall:
(a) Include, as applicable:
1. The name and location of the
			 Farm;
2. Actual values and
			 observations obtained during monitoring;
3. An adequate description (such as the
			 commodity name, or the specific variety or brand name of a commodity, and, when
			 available, any lot number or other identifier) of Covered Produce applicable to
			 the record;
4. The location of
			 growing area (for example, a specific field) or other area (for example, a
			 specific packing shed) applicable to the record;
5. The date and time of the activity
			 documented;
6. Any information
			 required under the Federal Act, the Produce Safety Rule, and 330 CMR
			 34.00
et seq
.; and
7. Any other information the Department shall
			 require.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.10 - Qualified Exemption

Current through Register 1525, July 5, 2024
(1) A Covered Farm
			 is eligible for a Qualified Exemption and associated modified requirements in a
			 calendar year if:
(a) During the previous
			 three-year period preceding the applicable calendar year, the average annual
			 monetary value of the Food the Covered Farm sold directly to Qualified
			 End-users during such period exceeded the average annual monetary value of the
			 Food the Covered Farm sold to all other buyers during that period;
			 and
(b) The average annual monetary
			 value of all Food the Farm sold during the three-year period preceding the
			 applicable calendar year was less than $500,000, Adjusted for
			 Inflation.
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 35.01 - Scope

Current through Register 1525, July 5, 2024
330 CMR 35.00 applies only to the production and Sale of Veal
				Meat, Pork Meat, Shell Eggs, and Egg Products in Massachusetts as defined in
				St. 2021, c. 108.
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 35.03 - Prohibition on the Confinement of Covered Animals

Current through Register 1525, July 5, 2024
(1) It is a violation of St. 2021, c. 108,
			 and 330 CMR 35.00 for a Farm Owner or Operator within Massachusetts to
			 knowingly cause any Covered Animal to be Confined in a Cruel Manner.
(2) Knowingly causing a Covered Animal to be
			 confined during any of the following activities shall not be deemed to be a
			 violation of St. 2021, c. 108, or 330 CMR 35.00:
(a) Transportation;
(b) State or county fair exhibitions, 4-H
			 programs, and similar exhibitions;
(c) Slaughter in accordance with any
			 applicable laws, rules, and regulations;
(d) Medical research;
(e) Examination, testing, individual
			 treatment, or operation for veterinary purposes, but only if performed by or
			 under the Direct Supervision of a Licensed Veterinarian;
(f) The five-day period prior to a Breeding
			 Pig's expected date of giving birth, and any day that the Breeding Pig is
			 nursing piglets; or
(g) Temporary
			 periods for animal husbandry purposes for no more than six hours in any 24-hour
			 period; provided, however, that in the case of Egg-laying Hens, for not more
			 than 24 hours total in any 30-day period.
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 35.04 - Prohibition on the Sale of Products

Current through Register 1525, July 5, 2024
(1) It is a
			 violation of St. 2021, c. 108, and 330 CMR 35.00 for a Business Owner or
			 Operator to knowingly engage in the Sale within Massachusetts of any:
(a) Shell Egg or other Egg Products that the
			 Business Owner or Operator knows or should know is the product of a Covered
			 Animal that was Confined in a Cruel Manner;
(b) Whole Veal Meat that the Business Owner
			 or Operator knows or should know is the Meat of a Covered Animal that was
			 Confined in a Cruel Manner; or
(c)
			 Whole Pork Meat that the Business Owner or Operator knows or should know is the
			 Meat of a Covered Animal that was Confined in a Cruel Manner, or is the Meat of
			 the immediate offspring of a Covered Animal that was Confined in a Cruel
			 Manner; provided, however, that Whole Pork Meat products already in the supply
			 chain as of and including August 15, 2022, shall be deemed compliant such that
			 their sale on or after this date shall not be a violation of St. 2021, c. 108,
			 or 330 CMR 35.00.
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 35.05 - Certifications

Current through Register 1525, July 5, 2024
(1) Any Farm or Farm Owner or Operator that
			 raises a Covered Animal and engages in a commercial transaction within
			 Massachusetts involving any Shell Egg, Egg Products, Whole Veal Meat, or Whole
			 Pork Meat derived from a Covered Animal raised on said Farm may Certify in
			 writing under pains and penalties of perjury that such Farm does not knowingly
			 cause any Covered Animal to be Confined in a Cruel Manner.
(2) Any Person who engages in a commercial
			 transaction within Massachusetts involving any Shell Egg, Egg Products, Whole
			 Veal Meat, or Whole Pork Meat, including, but not limited to, a Farm, Farm
			 Owner or Operator, Business Owner or Operator, or supplier, residing or
			 operating within or outside of the Commonwealth, may Certify in writing that
			 particular Shell Eggs, Egg Products, Whole Pork Meat, or Whole Veal Meat were
			 not derived from a Covered Animal that was Confined in a Cruel Manner, or from
			 the immediate offspring of a female pig that was Confined in a Cruel
			 Manner.
(3) A certification made
			 pursuant to 330 CMR 35.05(1) will be effective for one calendar year from the
			 date it is executed and shall be renewed annually. Additionally, any Persons or
			 entities that provide certification pursuant to 330 CMR 35.05(1) or (2) may use
			 a single blanket certification that applies to all of that Person's or entity's
			 products, provided that all such products are compliant with St. 2021, c. 108,
			 and 330 CMR 35.00 at the time of the commercial transaction involving the
			 covered product.
(4) Any
			 certification made pursuant to 330 CMR 35.05(1) and (2) shall be produced upon
			 demand to:
(a) the Massachusetts Office of the
			 Attorney General;
(b) the
			 Department; and
(c) any Person who
			 will rely on or has relied on such certification.
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 35.06 - Referrals by the Department

Current through Register 1525, July 5, 2024
Whenever the Department inspects a Farm pursuant to any
				applicable authority, the Department may inspect Farms for compliance with the
				Enclosure and Usable Floor Space for Covered Animals under St. 2021, c. 108,
				and 330 CMR 35.00 to ensure that these animals are not being Confined in a
				Cruel Manner.
If the Department observes violations of St. 2021, c. 108, or
				330 CMR 35.00 during its inspections of Farms within Massachusetts, the
				Department may refer those violations to the Attorney General's Office.
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 35.07 - Third-party Validators

Current through Register 1525, July 5, 2024
Third-party Validators may be used to assist with compliance
				under St. 2021, c. 108, and 330 CMR 35.00 subject to joint approval of the
				Validators by the Secretary of Energy and Environmental Affairs or his designee
				and the Attorney General. A list of approved Third-party Validators will be
				made available from the Department as the Secretary and the Attorney General
				mutually agree to approve such Validators.
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 35.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of 330 CMR 35.00 or the application of any
				provision of a regulation to any Person or circumstance is held to be invalid,
				the validity of the remainder of 330 CMR 35.00 and the applicability of such
				provision to other Persons or circumstances will not be
				affected.
Code of Massachusetts Regulations › 331 CMR - BUREAU OF MILK MARKETING › Title 331 CMR 4.00 - Rescinded

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
331 CMR 4.00: M.G.L. c. 20, § 9; c. 94A; Federal Register; Vol. 43, No. 208, Oct 26, 1978.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 2.00 - General Information › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 2.00 is to describe the Massachusetts Pesticide Control Act and the mechanisms established by it to administer the Massachusetts pesticide program. The purpose of 333 CMR 2.00 is also to establish rules of general applicability and to define terms that apply, whenever appropriate, to 333 CMR.