Wildlife Diseases - Process of Inspection - Massachusetts

If the director, upon examination of any fish, bird, mammal, reptile or amphibian held in possession either by persons licensed or required to be licensed under the provisions of section twenty-three, except dealers licensed both under clause (4) of section twenty-three and section thirty-nine A of chapter one hundred and twenty-nine, or persons exempted from being licensed in accordance with the provisions of sections four, twenty-three and twenty-nine, suspects, or has reason to believe, that such fish, bird, mammal, reptile or amphibian is afflicted with a contagious or infectious disease or parasite, he may immediately cause it to be quarantined or isolated for a period of at least ten days upon the premises of the owner or of the person in whose charge it is found or in such other place as he may designate, and he shall take such other sanitary measures as may be necessary to prevent the spread of such disease or parasite. He shall also deliver to the owner or person in charge of such fish, bird, mammal, reptile, or amphibian, or to any person having an interest therein, a written order or notice of quarantine signed by him and in such form as the director shall prescribe. Such order or notice of quarantine shall set forth conditions for which any fish, bird, mammal, reptile or amphibian shall be quarantined, including but not limited to restrictions on maintenance, propagation, cultivation, sale or transportation thereof. Such order or notice of quarantine shall be served by the director or his appointed designee, by delivery in hand to, or leaving at the last and usual place of abode of, the owner or person having an interest in or in charge of the fish, bird, mammal, reptile or amphibian concerned, or by posting upon the premises where said fish, bird, mammal, reptile or amphibian is quarantined or isolated. A copy thereof, with the attestation of said director or his appointed designee thereon that such service has been made, shall be competent evidence in any court that such quarantine has been imposed. If any fish, bird, mammal, reptile or amphibian has been so quarantined, it shall remain in quarantine until the further order of the director. If any fish, bird, mammal, reptile or amphibian has been quarantined or isolated upon the premises of the owner or of the person in possession of them at the time such quarantine is imposed, the expense thereof shall be paid by such owner or person and the commonwealth shall not be liable for expenses incurred, nor for cancellation of orders or losses of income or any other losses attributable to the effects of the quarantine.; If the director, by examination of a case of contagious or infectious disease or parasite of any fish, bird, mammal, reptile or amphibian, has imposed a quarantine as provided in section twenty-five A, and is of the opinion that the public good so requires or that the protection of the fish, bird, mammal, reptile or amphibian resources of the commonwealth is necessary or that the interest of other propagators are jeopardized, he may cause such fish, bird, mammal, reptile or amphibian to be destroyed without liability. An order for destroying shall be issued in writing by the director, shall be directed to the owner or to any person having an interest therein or to the person in charge of such fish, bird, mammal, reptile or amphibian and shall contain such direction as to the examination and disposal of the carcass and the cleansing and disinfection of the premises where such fish, bird, mammal, reptile or amphibian was condemned as the director considers expedient. Destruction and disposal of any such fish, bird, mammal, reptile or amphibian shall be in a manner as determined by the director and shall be conducted under the direct supervision of the director or his appointed designee.;

Citation:  M.G.L.A. 131 § 25A; M.G.L.A. 131 § 25B;