New England Biz Law Update
Massachusetts is ranked as the second-best state in the country for animal protection laws according to the Animal Legal Defense Fund, and our state continues to raise the bar. Over the last year, a series of new animal welfare laws have gone into effect. This article highlights key changes in the law that businesses working with animals need to know.
Cat Declawing Ban: On April 8, 2025, Massachusetts banned the non-therapeutic declawing of cats. Declawing isn’t just a trim, it involves amputating the last bone of each toe, and has been likened to removing the tip of a finger at the final knuckle. Critics argue that the procedure is painful and unnecessary, can impact a cat’s balance and ability to walk, and may lead to behavior changes.
Avery J. Topel
The new law, G.L. c. 140, § 174H, bans any procedure “that removes a portion of the paw or digit of a cat in order to remove a claw,” except when medically necessary. Violations carry escalating penalties: $1,000 fine for the first offense, $1,500 for the second and $2,500 for each subsequent offense.
The statute also establishes specific rules for veterinarians. Veterinarians must maintain records of declawing procedures, including the reasons why the procedures were performed. Vets must submit annual reports to the state veterinary board detailing the number of procedures performed. And any veterinarian who violates the law can be subject to discipline. Cat owners and veterinarians alike should be aware of these new restrictions.
Dog Kennel Rules: In September 2024, Governor Healey signed into law “An Act To Increase Kennel Safety, AKA Ollie’s Law” (Acts 2024, Chapter 213). The law was prompted after a labradoodle named Ollie was fatally injured in a dog fight at a boarding facility. The incident highlighted a lack of state oversight in commercial kennels and prompted calls for tighter regulation.
Under Ollie’s Law, kennels must be inspected by an animal control officer before obtaining or renewing a kennel license. Moreover, kennels must be inspected annually. The law also imposes stricter recordkeeping requirements. Commercial boarding and training kennels must maintain records of dog licenses for the dogs in their care, and ensure that dogs wear rabies and license tags. Any injuries to animals or people must be reported to the municipality that issued the kennel license, and municipalities are required to investigate such reports.
Ollie’s Law also directs the Massachusetts Department of Agricultural Resources (MDAR) to draft new regulations governing kennels. MDAR expects those regulations to be finalized by June 2026. Operators of dog kennels should be aware of the new requirements and be prepared for new regulations over the next two years.
Pet Sale Restrictions: Starting in April 2025, two new laws governing pet sales went into effect. First, under, G.L. c. 140 § 141C, it is now illegal to “sell, exchange, trade, barter, lease or transfer” a dog or cat under eight weeks old. The ban applies to permanent placements and does not impact temporary fosters. Violators are subject to a $100 fine per animal. The Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) has praised the law as a win for animal welfare and for public safety. According to the MSCPA, early separation from mothers and litters can lead to health problems and behavioral issues. If a pet is not properly socialized, it increases the chances biting or other aggressive behaviors. Pet shops, dog breeders, and shelters should take care to ensure the dogs and cats they sell are old enough to be taken home.
The second law, G.L. c. 140 § 141D, prohibits the roadside sale or transfer of dogs and cats. It also extends to parking lots, parks, flea markets, and other outdoor areas. That means no more selling kittens from car trunks or makeshift roadside setups, and no more boxes of puppies left on the side of the road. Fines range from $50-$300 depending on the number of offenses. Shelters and animal rescue organizations, however, are exempted from the law. But businesses and individuals accustomed to selling animals in outdoor areas should take note of the new restrictions.
Circuses and Animal Shows: As of January 2025, traveling exhibits and shows can no longer include certain exotic animals in their performances. G.L. c. 131 § 19C prohibits the use of lions, tigers, bears, leopards, jaguars, cheetahs, mountain lions, elephants, giraffes, and non-human primates in traveling shows.
The law applies to any traveling “performance” where animals perform tricks, give rides, or are otherwise “available for the entertainment, amusements, or benefit of a live audience.” This includes circuses, fairs and carnivals, petting zoos, and even trade shows—anywhere that an exotic animal is expected to entertain. There is a hefty fine for violators: up to $10,000 for each animal. Importantly, the law does not apply to non-traveling performances at permanent facilities. The new rules are in line with animal welfare laws recently passed in other states. Maryland, New Jersey, Hawaii, California, and Colorado have enacted similar laws limiting performances with exotic animals. Businesses and individuals that plan on exhibiting their exotic animals should ensure their traveling performances don’t include animals protected by the new law.
Avery Topel is an Associate in the Litigation Department at Sheehan Phinney.
