321 CMR, § 2.07

Current through Register 1531, September 27, 2024

Section 2.07 - Possession, Sale, and Use of Ferrets

In accordance with the provisions of M.G.L. c. 131, § 77, as amended by St. 1995, c. 290, rules and regulations regarding the possession, sale, and use of ferrets are hereby established.

(1)Definitions.

Director means the Director of the Division of Fisheries and Wildlife, or his or her agents.

Educational Institution means a person meeting those standards for educational use specified in 321 CMR 2.12(2) and (10)(b).

Environmental Police Officer means the Director of the Office of Law Enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police officers, and such other enforcement officers of the Office of Law Enforcement as may be appointed pursuant to M.G.L. c. 21, §6.

Ferret means the ferret, fitch, or fitchew (Mustelafuro or Mustela putorius furo).

Person means any individual, partnership, corporation, whether profit or non-profit, firm, business or other commercial or non-commercial entity, club, organization, institution, or association.

Pet Shop means a pet shop as defined in M.G.L. c. 129, § 1.

Received Inoculations Against Canine Distemper and Rabies means that the subject ferret shall have received a minimum of the first shot in the inoculation series for those diseases and such others as may be required by the Director, provided that the subject ferret shall subsequently receive the remainder of the inoculation series, if any, and shall periodically receive any required booster shots or reinoculations, if any, and provided further that the burden of proof shall rest upon the owner thereof to demonstrate that such requirements for periodic shots or inoculations have been complied with. The earliest date at which said inoculations may begin shall be determined by the schedule set forth on the manufacturer's label or instructions for the particular vaccine being used, or equivalent standards set by a competent veterinary authority.

Research Institution means a person meeting those standards for scientific use specified in 321 CMR 2.12(2) and (10)(a).

(2)Possession and Sale of Ferrets. Ferrets may be possessed as a household pet, for research by a research institution, for educational purposes by an educational institution, for breeding purposes by a licensed breeder, or sale by any such person, when in accordance with provisions of M.G.L. c. 131, § 77, and 321 CMR 2.07.

(3)Inoculations. Ferrets possessed as a household pet or by an educational institution must have received inoculations against canine distemper and rabies at time of purchase. Ferrets offered for wholesale or retail sale by a licensed breeder or a pet shop must have received inoculations against rabies and canine distemper prior to sale or offering for sale.

(4)Neutering and spaying. No person, except a research institution, or a licensed breeder as provided in 321 CMR 2.07(5), shall possess, sell, or offer for sale a ferret which has not been surgically neutered or spayed and rendered incapable of breeding.

(5)Breeding of ferrets. No person, except a research institution, shall breed a ferret or possess a ferret for breeding purposes without obtaining a license so to do from the Director. Persons so licensed shall be allowed to offer for wholesale or retail sale ferrets which are the offspring of animals propagated or maintained by said breeder, provided that ferrets so offered for sale shall have received inoculations and have been neutered or spayed as provided in 321 CMR 2.07(3) and (4). The offspring of ferrets bred by a research institution shall not be sold or offered for sale.

(6)Breeding facilities. Licensed breeders, as provided for in 321 CMR 2.07(5), shall comply with the standards for licensing, facilities, inspections, renewals, reports, and related provisions as provided for in 321 CMR 2.12(4) through (9), (15), (17), (18), and (21) through (23).

(7)Certificates to accompany sale of ferrets. Any ferret sold or offered for sale by any person must be accompanied by certificate(-s) from a licensed veterinarian, or in the case of canine distemper by any other proper person, stating that the ferret has received inoculations against rabies and canine distemper and, in addition, has been neutered or spayed and rendered incapable of breeding, provided, that ferrets which have not been rendered incapable of breeding may be sold by a licensed breeder or research institution to another licensed breeder or research institution. Each such certificate shall include the name, address, telephone number, and veterinary license number of the veterinarian or other person administering inoculations, or performing neutering or spaying, as the case may be, and the date(-s) on which inoculations, neutering or spaying, took place.

(8)Record keeping. Any person, except a research institution, possessing a ferret shall possess and keep the two most recent certificate(-s) of inoculations as provided for in 321 CMR 2.07(7). Any person, except a licensed breeder or a research institution, possessing a ferret shall have in their possession certificate(-s) of neutering or spaying as provided for in 321 CMR 2.07(7). Licensed breeders shall have in their possession the license issued by the Director allowing them to breed and possess ferrets which have not been neutered or spayed and rendered incapable of breeding. Any such records, certificates or licenses shall be shown upon demand at reasonable hours to the Director, an Environmental Police Officer, or other officer empowered to enforce M.G.L. c. 131.

(9)Prohibitions. It is unlawful for any person:

(a) to possess, sell or offer for sale a ferret which has not been neutered or spayed, except by a licensed breeder or a research institution;

(b) to possess, except by a research institution, or, in the case of a licensed breeder a ferret which has not attained the minimum age for inoculations, a ferret which has not received inoculations against canine distemper and rabies;

(c) to sell or offer for sale a ferret which has not received inoculations against canine distemper and rabies;

(d) to falsify any license application or renewal or certificate; provide false documentation in support of a license application or renewal or certificate; or fail to provide relevant and material information regarding a license application or renewal or certificate;

(e) who is a breeder to keep and maintain ferrets in enclosures or under conditions which fail to meet inspection standards or conditions set by the Director;

(f) to liberate or allow the escape of any ferret to the wild;

(g) to hunt for, catch, kill or cause to permit the hunting of any vertebrate animal with or through the use of a ferret;

(h) to have a ferret in one's possession or under one's control in any field, forest, or woodland or other place where wild birds or mammals may be found; and

(i) to fail to maintain records or certificates of inoculations against rabies and canine distemper, and of neutering and spaying, or to refuse to provide such records or certificates to any Environmental Police Officer or the Director.

(10)Forfeitures. Any ferret which has not been neutered or spayed, except as provided in 321 CMR 2.07(4), or which has not received inoculations against rabies and canine distemper, or which is used for hunting or to catch or kill any vertebrate animal, or which is in a person's possession in any field, forest, or woodland or other place where wild birds and mammals may be found, or which is escaped or at large may be seized by any Environmental Police Officer and disposed of to the best interest of the Commonwealth.

(11)Disposal of Ferrets Causing Injury. Any ferret which bites a person or an animal may be quarantined by the Director as provided for in M.G.L. c. 131, § 25A, for such period as he may deem appropriate, or, at his or her discretion, when in his professional judgement such is necessary, may be seized by him or her or an Environmental Police Officer and destroyed without liability for rabies testing in accordance with standards set forth by the Centers for Disease Control or similar competent authority.

(12)Temporary Possession. Notwithstanding the foregoing, ferrets imported into Massachusetts for a period not exceeding two weeks for pet shows, exhibitions, or as a personal pet, shall be exempt from the requirements requiring neutering and spaying as provided for in 321 CMR 2.07(4), provided that such ferrets shall not be bred nor offered for sale while within Massachusetts.

321 CMR, § 2.07

Amended by Mass Register Issue 1320, eff. 8/26/2016.