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State Environmental Laws Affecting Massachusetts Agriculture

GENERAL LAWS OF MASSACHUSETTS
CHAPTER 128: AGRICULTURE

CHAPTER 40A: ZONING

CHAPTER 90: MOTOR VEHICLES AND AIRCRAFT

CHAPTER 111: PUBLIC HEALTH NUISANCES

STATUTES

MASSACHUSETTS DEPARTMENT OF AGRICULTURE
REGULATIONS

AGRICULTURE
Chapter 128, Section 1. Definitions
The following words as used in this chapter shall have the following meanings unless the context otherwise requires: “Commissioner”, the commissioner of agricultural resources. “Department”, the department of agricultural resources. “Director”, in sections 16 to 31A, inclusive, the director of the division of regulatory services in the department of agricultural resources. “Inspector”, in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. “Nursery stock”, trees, shrubs, woody plants and strawberry plants, whether wild or cultivated, and parts thereof for propagation. “Riding school operator”, any person owning or having the custody of one or more horses which are let for hire to be ridden or driven, with or without the furnishing of riding or driving instructions. “Trustees”, the trustees for county cooperative extension service.

Chapter 128: Section 1A. Farming, agriculture, farmer; definitions
“Farming” or “agriculture” shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

DEMONSTRATION SHEEP FARMS
Chapter 128, Section 9. Establishment of demonstration sheep farms.

Chapter 128, Section 10. Maintenance of flock of sheep on demonstration farm.

Chapter 128, Section 11. Compensation from commonwealth.

DIVISION OF DAIRYING AND ANIMAL HUSBANDRY
Chapter 128, Section 12. Powers and duties of division of regulatory services.

Chapter 128, Section 13. Report of unsanitary condition.

DUTIES, ETC., OF EMPLOYEES
Chapter 128, Section 14. Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer.

Chapter 128, Section 15. Duties of employees of department.

DIRECTOR OF THE DIVISION OF FAIRS
Chapter 128, Section 38A. Establishment and holding of fairs.

Chapter 128, Section 38B. Massachusetts State Exposition Building Maintenance Fund.

DIRECTOR OF THE DIVISION OF ORNITHOLOGY
Chapter 128, Section 39. Repealed, 1933, 74, Sec. 2.

TRUSTEES FOR COUNTY COOPERATIVE EXTENSION SERVICE
Chapter 128, Section 40. Trustees for county cooperative extension service; accounts; director of accounts; annual report.

Chapter 128, Section 41. Selection of directors; terms.

Chapter 128, Section 42. Receipt of grants; expenditure of money; power of trustees.

Chapter 128, Section 43. Instructors in agriculture, homemaking and country life.

Chapter 128, Section 44. Preparation of annual budget.

Chapter 128, Section 44A. Suffolk county annual budget and report; tax assessment.

Chapter 128, Section 45. Acquisition of land by towns for demonstration work in agriculture and homemaking.

Chapter 40A: Section 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences
[ First paragraph effective until June 24, 2006. For text effective June 24, 2006, see below.]
Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture, horticulture, floriculture, or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to general law. For the purpose of this section, the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises.
[ First paragraph as amended by 2006, 123, Sec. 36 effective June 24, 2006. For text effective until June 24, 2006, see above.]

No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located, and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land, other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or bylaw shall exempt land or structures from flood plain or wetlands regulations established pursuant to general law. For the purposes of this section, the term "agriculture'' shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT
MOTOR VEHICLES
Chapter 90: Section 9. Operation of unregistered or improperly equipped motor vehicles, tractors, trailers, etc.
No person shall operate, push, draw or tow any motor vehicle or trailer, and the owner or custodian of such a vehicle shall not permit the same to be operated, pushed, drawn or towed upon or to remain upon any way except as authorized by section three, unless such vehicle is registered in accordance with this chapter and carries its register number displayed as provided in section six, and, in the case of a motor vehicle, is equipped as provided in section seven. A motor vehicle which is being towed or drawn by a motor vehicle designed to draw or tow such vehicles need not be so registered if (a) the towing vehicle is properly registered and displays a valid repair plate issued pursuant to section five, (b) said towing vehicle maintains insurance which also provides coverage for the motor vehicle being towed, and (c) said towing vehicle has been issued a certificate by the department of telecommunications and energy pursuant to paragraph (b) of section three of chapter one hundred and fifty-nine B. A tractor, trailer or truck may be operated without such registration upon any way for a distance not exceeding one-half mile, if said tractor, trailer or truck is used exclusively for agricultural purposes, or between one-half mile and two miles if said tractor, trailer or truck is used exclusively for agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to the provisions of section one hundred and thirteen A of chapter one hundred and seventy-five or for a distance not exceeding three hundred yards, if such tractor, trailer or truck is used for industrial purposes other than agricultural purposes, for the purpose of going from property owned or occupied by the owner of such tractor, trailer or truck to other property so owned or occupied. A new automobile being delivered to a dealer by means of a tractor and trailer may be unloaded on a public way and driven by the person so delivering or his agents or servants without such registration to a dealer’s premises over a public way for a distance not exceeding three hundred feet provided that the person so delivering, with respect to such new automobile, shall have filed with the registrar a motor vehicle liability policy or bond in compliance with the provisions of this chapter. A motor vehicle designed for the carrying of golf clubs and not more than four persons may be operated without such registration upon any way if such motor vehicle is being used solely for the purpose of going from one part of the property of said golf course, provided that the owner of such motor vehicle shall have filed with the registrar a public liability policy or bond providing for the payment of damages to any person to the amount provided by section thirty-four A due to injuries sustained as a result of the operation of such vehicle. A motor vehicle owned by a cemetery may be operated without such registration upon any way if such motor vehicle is being used solely for the purpose of going from one part of the property of a cemetery to another part of the property of said cemetery, provided that such vehicle shall not travel more than one mile on any public way and the owner of such motor vehicle shall have filed with the registrar a public liability policy or bond providing for the payment of damages to any person to the amount provided by section thirty-four A due to injuries sustained as a result of the operation of such vehicle. An earth-moving vehicle used exclusively for the building, repair and maintenance of highways which exceed the dimensions or weight limits imposed by section nineteen and the weight limits imposed by section thirty of chapter eighty-five may be operated without such registration for a distance not exceeding three hundred yards on any way adjacent to any highway or toll road being constructed, relocated or improved under contract with the commonwealth or any agency or political subdivision thereof or by a public instrumentality, provided that a permit authorizing the operation of such a vehicle in excess of the stated weight or dimension limits has been issued by the commissioner of highways or the board or officer having charge of such way, and provided that such earth-moving vehicle shall be operated under such permit only when directed by an officer authorized to direct traffic at the location where such earth-moving vehicle is being operated. The operation of such an earth-moving vehicle shall conform to any terms or conditions set forth in such permit, and any person to whom any such permit is issued shall provide indemnity for his operation by means of a motor vehicle liability policy or bond conforming to the requirements of this chapter and shall furnish a certificate conforming to the requirements of section thirty-four A with each such application for a permit. Violation of this section shall not be deemed to render the motor vehicle or trailer a nuisance or any person a trespasser upon a way and shall not constitute a defense to, or prevent a recovery in, an action of tort for injuries suffered by a person, of for the death of a person, or for damage to property, unless such violation by the person injured or killed or sustaining the damage was in fact a proximate cause of such injury, death or damage, but violation of this section shall be deemed evidence of negligence on the part of the violator. A motor vehicle or trailer shall be deemed to be registered in accordance with this chapter notwithstanding any mistake in so much of the description thereof contained in the application for registration or in the certificate required to be filed under section thirty-four B as relates to the type of such vehicle or trailer or to the identifying number or numbers required by the registrar or any mistake in the statement of residence of the applicant contained in said application or certificate. A person convicted of a violation of this section shall be punished by a fine of not more than one hundred dollars for the first offense and not more than one thousand dollars for any subsequent offense.

CHAPTER 111. PUBLIC HEALTH
NUISANCES
Chapter 111: Section 125A. Review of order adjudging the operation of a farm to be a nuisance
If, in the opinion of the board of health, a farm or the operation thereof constitutes a nuisance, any action taken by said board to abate or cause to be abated said nuisance under sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five shall, notwithstanding any provisions thereof to the contrary, be subject to the provisions of this section; provided, however, that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.

In the case of any such nuisance a written notice of an order to abate the same within ten days after receipt of such notice shall first be given as provided in section one hundred and twenty-four. If no petition for review is filed as herein provided, or upon final order of the court, said board may then proceed as provided in said sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five, or in the order of the court. If the owner or operator of said farm within said ten days shall file a petition for a review of such order in the district court for the district in which the farm lies, the operation of said order shall be suspended, pending the order of the court. Upon the filing of such petition the court shall give notice thereof to said board, shall hear all pertinent evidence and determine the facts, and upon the facts as so determined review said order and affirm, annul, alter or modify the same as justice may require. The parties shall have the same rights of appeal on questions of law as in other civil cases in the district courts.

MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES (MDAR)
REGULATIONS
http://www.mass.gov/agr/legal/regs/index.htm

ANIMALS
330 CMR 10.00   Prevention of the Spread of Rabies

330 CMR 3.00     Importation of Dogs

330 CMR 4.00     Cattle

330 CMR 5.00     Poultry

330 CMR 11.00 Swine

330 CMR 8.00     Apiary Inspection

330 CMR 16.00   Horses

330 CMR 20.00   Guard Dog

330 CMR 12.00   Licensing and Operation of Pet Shops

FAIRS
330 CMR 7.00 Fairs

FARM PRODUCTS/PLANT INDUSTRIES
PET FOOD & FEED
330 CMR 13.00 Pet Food

330 CMR 14.00 Manufacture, Sale & Distribution of Commercial Food other than Pet Food

FERTILIZER/LIME/COMPOST
330 CMR 15.00 Commercial Fertilizer & Lime

330 CMR 25.00 Agricultural Composting Program

SEEDS, PLANTS, VEGETABLES
330 CMR 6.00 Seeds, Apples, Potatoes

330 CMR 9.00 Plant Quarantine

MILK
330 CMR 27.00   Standards & Sanitation Requirements for Grade A Raw Milk

330 CMR 28.00   Milk and Milk Products

331 CMR 7.00      Determination of Milk Fat Content in Milk or Cream

330 CMR 21.00    Supervision of Milk Pricing and Supply

LAND USE
330 CMR 18.00 Land Use

PESTICIDES
333 CMR               Pesticide Board

333 CMR 2.00     General Description

333 CMR 3.00     Conduct of Business by the Pesticide Board and the Subcommittee

333 CMR 4.00     Advisory Councils to the Pesticide Board

333 CMR 5.00     Repealed

333 CMR 6.00     Repealed

333 CMR 7.00     State Experimental Use Permits

333 CMR 8.00     Registration of Pesticide Products

333 CMR 9.00     Licensing of Pesticide Dealers

333 CMR 10.00 Standard Requirements & Procedures for the Certification & Licensing of Pesticide Applicators

333 CMR 11.00   Standards for the Implementation of the Integrated Pest Management Techniques & Rights of Way Maintenance Plans

333 CMR 12.00   Prevention of Non-Point Source Contamination of Drinking Water Supplies

333 CMR 13.00 Standards, Requirements and Procedures for the Application of Pesticides

STATUTES
www.mass.gov/agr/legal/statutes/index.htm

Last update 20120220