2006 Massachusetts Code - Chapter 128 — Section 2. Powers and duties of department of agriculture.

  Section 2. The department through its proper divisions shall have power to--

  (a) Execute and carry into effect the laws relative to dairy products, animal breeding, apple grading, plant pest control except the gypsy and brown tail moths and the tent caterpillars, apiary inspection, and the production, storage, marketing and distribution of agricultural products.

  (b) Aid in the promotion and development of the agricultural resources of the commonwealth and the improvement of conditions of rural life, the settlement of farms and the distribution of the supply of farm labor.

  (c) Establish a foreign trade section in the division of agricultural development and investigate the cost of production and marketing in all phases, and the sources of supply, of agricultural, aquacultural, floricultural or horticultural commodities, transportation, storage, marketing and distribution of said products sold, offered for sale, stored or held within the commonwealth.

  (d) Collect and disseminate data and statistics as to the food, flowers and other horticultural products produced, marketed, stored or held within the commonwealth, with the quantities available from time to time and the location thereof.

  (e) Investigate and aid improved methods of co-operative production, marketing and distribution of agricultural products within the commonwealth.

  (f) Offer prizes for and conduct exhibits of flowers, fruits, vegetables, grasses, grains or other farm crops, dairy products, honey, horses, breeding ponies, cattle, sheep, swine, poultry, poultry products, rabbits, hares, dairy goats, farm operations, and canned and dried fruits and vegetables and offer prizes for, and in aid of, the elimination and suppression of insect pests. The department may also offer prizes for, and in aid of, such agriculturally related youth programs as the commissioner may deem approved. To properly display exhibits authorized in this paragraph, the department may expend such sums as may be appropriated therefor for the painting, renovation, remodeling and maintenance of the state agricultural and industrial building in the town of West Springfield and in the city of Brockton.

  (g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: the Massachusetts Thoroughbred Breeders Association, Inc. shall from time to time in consultation with the chairman of the racing commission and the program manager for the equine division in the department of agriculture set the percentages for bonuses to be awarded to the breeder of a Massachusetts bred thoroughbred horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running horse race if said horse finishes first, second or third; the percentage for a cash prize to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the department of food and agriculture; the percentage for a cash prize for the purse monies won by said thoroughbred horse in any unrestricted pari-mutuel running horse race to the owner of a Massachusetts bred horse if said horse finishes first, second, or third.

  The Massachusetts Thoroughbred Breeders Association, Inc. is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that no person, partnership, corporation or group of persons may receive more than five thousand dollars as a cash prize breeder's award from the association for an individual horse race within the commonwealth. For the purposes of this section a horse race shall mean a thoroughbred race of any kind held within the commonwealth except at fairs.

  No person shall be eligible for the prizes provided herein unless the following standards are met:

  (1) The foal of a thoroughbred mare that drops said foal in the commonwealth and is bred back to the Massachusetts registered stallion shall be Massachusetts bred; or

  (2) The foal of a thoroughbred mare who resides in the commonwealth from the fifteenth day of October of the year prior to foaling, and continues such residence until foaling and foals in the commonwealth shall be Massachusetts bred.

  (3) In either the case of subparagraph (1) or (2) each thoroughbred foal dropped in the commonwealth shall be registered with the Jockey Club and the department of food and agriculture.

  (4) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all thoroughbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.

  The Massachusetts Thoroughbred Breeders Association, Inc. is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion, and administration of the thoroughbred breeding program in the commonwealth.

  The state auditor shall annually audit the books of the Massachusetts Thoroughbred Breeders Association, Inc., to insure compliance with this section.

  (h) Allot to fairs monies for the purchase, rental or installation of facilities to further aid in the display of exhibits and the health and comfort of the general public; provided, however, monies shall not be expended on any portion of the fair used for horse or dog racing.

  It may also publish annually a leaflet relative to trees and birds, which shall be approved by the commissioner of education, and may distribute the same to the superintendents and teachers of rural and suburban public schools prior to Arbor and Bird Day.

  (i) To promote, develop and encourage through the Massachusetts greyhound breeding program, breeding of racing greyhounds in the commonwealth by offering: a cash prize to the breeder of a Massachusetts bred greyhound, equal to not more than twenty-five per cent of the purse monies won by said greyhound in any pari-mutuel greyhound race if said greyhound finishes first, second or third; a cash prize of not more than fifteen per cent of the purse won by said greyhound to the owner of the stud; provided, however, that (i) the stud stood in the commonwealth at the time of service to the bitch and the owner of the stud was a Massachusetts resident, (ii) the greyhound finishes first, second or third and (iii) the stud is registered with the department as a stud standing in Massachusetts at the time of mating; and a cash prize equal to not more than five per cent of the purse monies won by said greyhound in any unrestricted pari-mutuel greyhound race to the owner of a Massachusetts bred greyhound if said greyhound finishes first, second or third.

  The department is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred greyhounds from the Massachusetts greyhound breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or nonbetting races and may or may not be races scheduled by the licensee conducting the racing meeting. Purse monies and prize monies paid by the department under this section may be in such amounts as the department shall determine and may be the sole cash purse for such races or may be in supplement to the cash purses established by the licensee.

  No person shall be eligible for the prizes provided herein unless all of the following standards are met:

  (1) the stud is standing in Massachusetts at the time of mating and is owned or leased by a Massachusetts resident; and

  (2) the greyhound is whelped in Massachusetts from a bitch owned by a Massachusetts resident; and

  (3) the greyhound is physically present within Massachusetts for the first six months of the first year following the date such greyhound was whelped; and

  (4) the greyhound is certified as a Massachusetts bred greyhound by the department.

  The department shall, with the approval of the state racing commission, and after public hearing, adopt rules and regulations for the expenditure of sums appropriated to carry out the provisions of this paragraph and for the registration of Massachusetts bred greyhounds. Said rules and regulations shall contain provisions for the eligibility of greyhounds for participation in such program where such greyhounds were whelped in Massachusetts prior to November first, nineteen hundred and eighty-six, which greyhounds may be deemed to be Massachusetts bred for purposes of this paragraph. Said rules and regulations shall be subject to section nine B of chapter one hundred and twenty-eight A, in the same manner as if they had been adopted by the commission.

  The department shall establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of paragraphs (b), (f), (g), and (i). Before establishing such rules, the commissioner, after reasonable notice setting forth the date, place and purpose, shall hold a public hearing relative to such rules.

[ Subsection (j) effective until December 31, 2006. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13 and 2006, 54, Sec. 12. For text effective December 31, 2006, see below.]

  (j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing commission shall, from time to time in consultation with the chairman of the racing commission and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse.

  The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility.

  The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements:

  (1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or

  (2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth;

  (3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture.

  Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth.

  The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.

  The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.

[ Subsection (j) effective December 31, 2006. For text effective until December 31, 2006, see above.]

  (j) Promote, develop and encourage through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: a representative organization of standardbred breeders and owners approved by the state racing commission, shall, from time to time in consultation with the chairman of the racing commission and the program manager for the equine division of the department of food and agriculture, set the percentages for purses and stallion awards to be awarded to the breeder of a Massachusetts standardbred horse; provided, however, that a maximum of fifteen percent of such sums shall be awarded to the owner, or lessee of the stallion who owned or leased such stallion at the time the stallion sired a Massachusetts standardbred horse.

  The standardbred horses and stallions eligible to participate in the purses and stallion awards provided herein shall be limited to those of racing ages two and three and which have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion stood the entire breeding season of February first through July fifteenth in the commonwealth in the year any such eligible foal was conceived.

  The representative organization of standardbred breeders and owners approved by the state racing commission is further authorized to pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse and stallion award for such races or may be supplemental to the cash purses and stallion awards established by the licensee of the pari-mutuel facility.

  Prior to the first day of October of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all standardbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.

  The representative organization is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.

  The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.