Chap. 0332 An Act making horses and mules subject to the law regulating the slaughtering of certain animals, and further regulating the inspection and stamping or branding of certain animals slaughtered without the commonwealth.

Be it enacted, etc., as follows:

Section 1. Section one hundred and eighteen of chapter ninety-four of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by inserting after the word "cattle" in the fourth and in the thirteenth lines the following:-, horses, mules, - so as to read as follows: - Section 118. The proprietor of each slaughter house, canning, salting, smoking or rendering establishment, and of each establishment used for the manufacture of sausages or chopped meat of any kind, who is engaged in the slaughter of neat cattle, horses, mules, sheep or swine, the meat or product of which is to be sold or used for food, shall annually in April apply for a license to the aldermen of the city or to the selectmen or, in a town having a population of more than five thousand, to the board of health, if any, of the town where such slaughter house or establishment is

located. The application shall be in writing signed and sworn to by one or more of the owners or persons carrying on such business, or, if a corporation, by some authorized officer thereof, shall state the name and address of all the owners or persons cariying on said business, the location of the slaughter house or establishment, the estimated number of neat cattle, horses, mules, sheep or swine to be slaughtered per week, the days of the week upon which they are to be slaughtered and the nature of the products thereof to be sold or used for food.

Section 2. Section one hundred and nineteen of said chapter ninety-four, as so appearing, is hereby amended by inserting after the word "cattle" in the fourth line the following:-, horses, mules, - by striking out, in the fifth line, the words "the two following sections" and inserting in place thereof the words: - sections one hundred and twenty and one hundred and twenty A, - and by striking out, in the eleventh and in the fourteenth and fifteenth lines, the words "the preceding section" and inserting in place thereof, in each instance, the words: - section one hundred and eighteen,- so as to read as follows: - Section 119. The aldermen, selectmen, or such other officers as they shall designate, or, in a town having a population of more than five Ihou-sand, the board of health, if any, may annually issue licenses to carry on the business of slaughtering neat cattle, horses, mules, sheep or swine to applicants therefor. Except as provided in sections one hundred and twenty and one hundred and twenty A, the fee for each license shall be one dollar. The license shall name the persons licensed to conduct such business, and the building or establishment where it is to be carried on, and it shall continue in force until May first of the year next ensuing, unless sooner forfeited or rendered void. A record shall be kept by the board or officers authorized to issue such licenses of all applications for licenses under section one hundred and eighteen and of all licenses issued, which shall be evidence of the issue of any such license. Such board or officers shall annually, on or before June first, send to the department of public health a copy of each application made to them under section one hundred and eighteen and of their action thereon, together with a list of the names and addresses of all persons who, although engaged in- the business named in said section on the preceding April thirtieth, failed to make application for a license.

Section 3. Section one hundred and twenty of said chapter ninety-four, as so appearing, is hereby amended by inserting after the word "cattle" in the fourth line the following:-, horses, mules, - so as to read as follows: - Section 120. In towns having less than ten thousand inhabitants which accept this section or have accepted corresponding provisions of earlier-laws at any annual town meeting, the annual license fee for cariying on the business of slaugh-

tering neat cattle, horses, mules, sheep or swine shall be such sum not exceeding one hundred dollars as the selectmen fix.

Section 4. Section one hundred and twenty A of said chapter ninety-four, as so appearing, is hereby amended by inserting after the word "cattle" in the fourth line the following:-, horses, mules, - so as to read as follows: - Section 120A. A town which accepts this section may, in addition to the annual fee under section one hundred and nineteen or one hundred and twenty for a license to carry on the business of slaughtering neat cattle, horses, mules, sheep or swine, require the payment by the licensee of a further fee of not exceeding one dollar for each animal slaughtered under such license, but such further fee shall not be required for any animal slaughtered under federal inspection. Additional fees provided for under this section shall be paid to the town treasurer at such times and in such manner as the selectmen by vote determine. This section shall not apply to cities.

Section 5. Section one hundred and twenty-three of said chapter ninety-four, as amended by section fifteen of chapter one hundred and eighty of the acts of nineteen hundred and 'thirty-two, is hereby further amended by striking out, in the second line, the words "the preceding section" and inserting in place thereof the words: - section one hundred and twenty-two, - and inserting after the word "cattle" in the fourth line the following: -, horses, mules, - so as to read as follows: - Section 123. Inspectors, officers, agents and assistants mentioned in section one hundred and twenty-two shall visit and keep under observation each place within their respective districts where neat cattle, horses, mules, sheep, swine or other animals intended for slaughter or for sale or use as food are delivered from transportation, and shall have at all times free access to each such place and to each railroad train or car or other vehicle in which such animals are transported, to prevent, detect and punish violations of section one hundred and thirty-eight.

Section 6. Said chapter ninety-four is hereby further amended by striking out section one hundred and thirty-one, as appearing in the Tercentenary Edition, and inserting in place thereof the following section: - Section 131. Carcasses of neat cattle, horses, mules, sheep or swine slaughtered without the commonwealth shall be deemed unfit for human food, and shall not be sold or offered for sale as such, unless they have been inspected at the time of slaughter by an inspector of the bureau of animal industry of the United States department of agriculture and have been stamped or branded by said inspector.

Section 7. Section one hundred and thirty-three of said chapter ninety-four, as so appearing, is hereby amended by inserting after the word "cattle" in the sixth line the following : - , horses, mules, - so as to read as follows: - Section 183.   Sections one hundred and eighteen, one bun-

dred and nineteen, one hundred and twenty-five to one hundred and twenty-seven, inclusive, one hundred and twenty-nine and one hundred and thirty, shall not apply to a person not engaged in the slaughtering business, who, upon his own premises and not in a slaughter house, slaughters his own neat cattle, horses, mules, sheep or swine, but the carcass of any such animal, intended for sale, shall be inspected, and, unless condemned, shall be stamped or branded under section one hundred and twenty-seven by an inspector at the time of slaughter.

Section 8. Section one hundred and thirty-five of said chapter ninety-four, as so appearing, is hereby amended by inserting after the word "cattle" in the second, sixth and twelfth lines the following: - , horses, mules, - so as to read as follows: - Section 135. Whoever, being engaged in the business of slaughtering neat cattle, horses, mules, sheep or swine, without a license slaughters the same or knowingly authorizes or causes the same to be slaughtered with intent to sell the meat or product thereof for food, or, having such license, slaughters or knowingly authorizes or causes to be slaughtered any neat cattle, horses, mules, sheep or swine without causing the carcass thereof to be inspected as provided in section one hundred and twenty-six, or sells or authorizes or causes to be sold any carcass or the meat or product thereof knowing that such carcass has not been inspected according to sections one hundred and twenty-six and one hundred and thirty-three, or, except as provided in section one hundred and thirty-three, slaughters or knowingly authorizes or causes to be slaughtered any neat cattle, horses, mules, sheep or swine upon his own premises, being other than a slaughter house or establishment mentioned in section one hundred and eighteen, without causing the carcass of such animal to be inspected, or sells or authorizes or causes to be sold the carcass or any meat or product thereof of any such animal slaughtered upon his own premises, knowing that the same has not been inspected as provided in section one hundred and thirty-three, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two months, or both.

Section 9. Section one hundred and fifty-one of chapter one hundred and eleven of the General Laws, as so appearing, is hereby amended by inserting after the word "cattle" in the second line the following: - , horses, mules, - so as to read as follows: - Section 151. No person shall occupy or use a building for carrying on the business of slaughtering cattle, horses, mules, sheep or other animals, or for a melting or rendering establishment, or for other noxious or offensive trade and occupation, or permit or allow said trade or occupation to be carried on upon premises .owned or occupied by him, without first obtaining the written consent and permission of the mayor and city council, or of the selectmen, or, in any town having a population of more than five thousand, of the board of health, if any, of the town where the build-

ing or premises are situated. This section shall not apply to any building or premises occupied or used for said trade or occupation on May eighth, eighteen hundred and seventy-one; but no person who used or occupied any building or premises on said date for said trades or occupations shall enlarge or extend the same without first obtaining the written consent and permission of the mayor and city council or the selectmen, or, in any town having a population of more than five thousand, of the board of health, if any.

Section 10. Section nine of chapter one hundred and twenty-nine of the General Laws, as so appearing, is hereby amended by inserting after the word "cattle" in the second line the following: - , horses, mules, - so as to read as follows : - Section 9. The agents of the Massachusetts Society for the Prevention of Cruelty to Animals may visit all places at which neat cattle, horses, mules, sheep, swine or other animals are delivered for transportation or are slaughtered, for the purpose of preventing violations of any law arid of detecting and punishing the same; with power to prosecute any such violation coming to their notice. Any person who prevents, obstructs or interferes with any such agent in the_ performance of such duties shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.

Approved May 25, 1943.