330 CMR, § 35.05

Current through Register 1533, October 25, 2024
Section 35.05 - Certifications
(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.
(5) Any Person, Farm, Farm Owner or Operator, Business Owner or Operator, or supplier who includes all of the following information in a certification is in compliance with the requirements of 330 CMR 35.05(1) or (2), whichever is applicable:
(a) the name and address of the entity or operation;
(b) the type of Covered Animal raised, Covered Animal product produced, or Covered Animal product sold or supplied by the entity or operation;
(c) the date;
(d) a written statement, that is signed under pains and penalties of perjury, that the entity or operation does not knowingly cause any Covered Animal to be Confined in a Cruel Manner or that the Covered Animal product(s) sold or supplied by the entity or operation were not derived from a Covered Animal that was Confined in a Cruel Manner as prohibited by the St. 2021, c. 108; and
(e) if applicable, the name of the entity or operation to which the Covered Animal product(s) were sold or supplied and the date of such Sale or transaction.
(6) A Person, Farm, Farm Owner or Operator, Business Owner or Operator, or supplier shall retain certification records for a period of three years.

330 CMR, § 35.05

Adopted by Mass Register Issue 1471, eff. 6/10/2022.