Current Pending Legislation

Massachusetts

July 15, 2007:
ALERT! S147 AMENDED! YOUR LETTERS WILL BE NEEDED!

S147 has passed favorably out of the Joint Committee on Community Development and Small Business and is now in the Ethics and Rules Committee waiting for its third and final reading. Once it receives a third reading it will move to the Floor for a vote.

Only letters to state legislators and members of the committee will influence the outcome of the vote!

AFA is waiting to obtain the official language of the amendment following its release from the Ethics and Rules Committee upon its third reading - which may occur at any time.  

Please check back frequently for further updates and information or where to write.

Submitted by
Linda S. Rubin
AFA Northeastern Regional Director

SECTION 1. Section 136A of Chapter 140 of the General Laws, as appearing in the 2004 official edition is hereby amended by inserting after the definition of “shelter” with the following:

• “Unweaned Bird”, A bird who is not accustomed to feeding itself without its mother being present.

Section 2. Section 138A of Chapter 140 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after line 32 the following new paragraph:

• No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any Unweaned Bird; provided that the Department of Food and Agriculture shall determine when Unweaned birds shall be deemed eligible for sale; provided further that the Department of Food and Agriculture shall promulgate rules and regulations as to what age and size each species of bird must be before said Unweaned Bird can be sold or transported into the Commonwealth; provided further that said rules and regulations shall be reviewed on an annual basis.

To learn the contact numbers of your local legislators, visit: http://www.wheredoivotema.com/bal/myelectioninfo.php

Please also read the previous material below.

For further information, contact:
Linda S. Rubin, AFA Northeastern Regional Director
617-469-0557
LSR@CockatielsPlusParrots.com

LEGISLATIVE UPDATE
 Previous SENATE BILL 2195/2651
BANNING THE SALE OF UNWEANED BABY BIRDS
has just been re-filed in January 2007 as SENATE DOCKET 1461

In 2006, at the end of the legislative session, Senate bill 2195/2651 (see below) died in summer session, but it was expected to be re-introduced in 2007. This has now taken place. Senate Docket 1461 is now in process to receive a bill number and assignment to a committee before a hearing date is set shortly. There was no opportunity to attend the original hearing in 2005, because we did not learn of it in time. Senator Michael Morrissey continues to be the lead sponsor.  

The American Federation of Aviculture, Inc. has a position paper on “The Sale of Unweaned Baby Birds” on the AFA website. 

Note that, “AFA OPPOSES any legislative or regulatory intrusion on issues of personal responsibility surrounding the transfer of unweaned baby birds by attempting to define or qualify who can or cannot provide proper care or hand rearing.”

Once a committee and bill number is assigned, further information will be posted here so that members may write their state legislators prior to the hearing and learn the details of when the hearing will take place. Please check back frequently!

 Contact:
Linda S. Rubin
AFA Northeastern Regional Director
LSR@CockatielsPlusParrots.com

Bill: 2195

Introduced: Senate & House of Representatives

Sponsored By: Senator Mike W. Morrissey, Representative Robert Nyman (State Representative)

Status: Bill defeated. Dropped by sponsor.

Intent: No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any Unweaned Bird.

Effect: This will affect all pet shops and retail bird sellers including brokers prohibiting them from selling unweaned chicks. The Department of Food and Agriculture will establish rules and regulations as to what age and size each species of bird must be before being sold. Unweaned birds cannot be sold or transported into the State. Rules and regulations will be reviewed on an annual basis.

July 12, 2006:
There have been two amendments to this bill:

A commercial establishment, pet shop, firm, corporation, or private individual shall not import an unweaned bird into the commonwealth for sale or resale. Before a bird may be sold in the commonwealth or transported into the commonwealth, the seller or transporter shall be able to demonstrate that the bird is able to eat without hand feeding assistance and sustain its own weight for a period of 2 weeks before the sale, resale or transport. Documentation for birds sold, resold or transported in the commonwealth shall include hatch dates, hatch location, the bird’s breeder, and the bird’s weight before and upon the sale or transport of the birds and the documents shall be made available to a purchaser to review before sale and shall be given to the purchaser of the bird upon sale.

“Unweaned bird”, a bird that is too young to eat and sustain its own life without hand-feeding or parental feeding assistance.

Information Compiled by Sandee L. Molenda, C.A.S.