Category: Massachusetts

Signatures Obtained for CA Ballot Initiative to Improve on Prop 2

Farm Sanctuary (flickr)

Update: The ballot initiative organizers, Prevent Cruelty California, has collected more than 600,000 signatures of California voters! The initiative, Prevention of Cruelty to Farm Animals Act, will be on the ballot this November in California! Read more about the ballot initiative in Animal Law Coalition’s report below.

Original report February 22, 2018: Voters in Massachusetts approved by 77.6% to 22.3% a similar initiative, Question 3, in the election on November 8, 2016. Under that measure which goes into effect in 2022, egg laying hens, breeding pigs, and calves raised for veal must be able to (1) stand, (2) lie down, (3) turn freely without touching the enclosure, or in the case of hens, without touching another hen or the enclosure; and (4) fully extend their limbs touching the enclosure, or, in the case of hens, without touching another hen or the enclosure; and (5) for hens, access to at least 1.5 square foot of space.

No eggs, veal or pork can be sold in Massachusetts from hens, breeding pigs or calves kept for veal, or their offspring, that have not been kept in compliance with these standards. This means out of state producers must comply in order to sell their eggs, pork and veal in Massachusetts.

When California voters passed Proposition 2 in 2008, it was a landmark law, the first to require egg producers to give egg laying hens confined in battery cages sufficient room to stand up, lie down, turn around freely, and fully extend their wings. Prop 2 also joined other states in requiring the same standards for pregnant pigs and calves used to produce veal.

Now the Humane Society of the United States has introduced a ballot initiative in California called the Prevention of Cruelty to Farm Animals Act that would improve upon the Prop 2 standards like the new Massachusetts law and ban the sale of eggs, pork, and veal that has not been produced in accord with this new requirements.

In order to place this measure on the November, 2018 ballot HSUS and its coalition must collect 365,000 signatures in support from registered voters.

ALM GL ch. 272, § 801/2 (2010) Restrictions on devocalization of dogs and cats

§ 801/2. Devocalization of Dogs and Cats. [Effective July 21, 2010.]

 (a) For the purposes of this section, the following words shall have the following meanings:–

 "Board", the board of registration in veterinary medicine.

 "Devocalization", a procedure on the larynx or vocal cords of an animal which causes the reduction or elimination of vocal sounds produced by that animal.

(b) Whoever performs, or causes to be performed, the surgical devocalization of a dog or cat shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in a house of correction for not more than 21/2 years, or by a fine of not more than $2,500 or by both such fine and imprisonment. In addition to this penalty, the court may order that any person who violates this section shall successfully complete a course of instruction relative to the humane treatment of animals or be barred from owning or keeping a dog or cat or sharing a residence with another who owns or keeps a dog or cat for a period of time as determined by said court.

(c) Subsection (b) shall not apply if:

 (1) the person performing such devocalization is licensed under section 55 of chapter 112; and

 (2) surgical devocalization of a dog or cat is medically necessary to treat or relieve an illness, disease or injury or to correct a congenital abnormality that is causing or may cause the animal physical pain or harm; or

 (3) the person who causes a devocalization procedure to be performed is relying upon the opinion of a person licensed under section 55 of chapter 112 that surgical devocalization of the dog or cat is medically necessary to treat or relieve an illness, disease or injury or to correct a congenital abnormality that is causing or may cause the animal physical pain or harm.

(d) A veterinarian who performs a surgical devocalization procedure on a dog or cat shall keep a record of the procedure for a period of 4 years after the last contact with the animal. This record shall include: the name and address of the animal’s owner; the name and address of the person from whom payment is received for the procedure; a description of the animal, including its name, species, breed, date of birth, sex, color, markings and current weight; the license number and municipality that issued the license for the animal; the date and time the procedure; the reason the procedure was performed; and any diagnostic opinion, analysis or test results to support the diagnosis. These records shall be subject to audit by the board.

Any person who performs a devocalization procedure on a dog or cat shall report the number of all such procedures to the board annually on or before March 30. The board shall maintain all notices received under this subsection for 4 years from the date of receipt.

Records maintained under this subsection shall not be considered a public record, as defined in clause twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, and these records shall not be publicly disseminated.

(e) The board shall, annually on or before March 1, report to the joint committee on the environment, natural resources and agriculture the number of animals that were the subject of devocalization notices received under subsection (d).

(f) Whoever being licensed under section 55 of chapter 112 violates any provision of this section shall be subject to the suspension or revocation of such license under section 59 of said chapter 112 and 256 CMR 7.00.