Section 33. Except as otherwise provided, a person who has animals tested with tuberculin shall not be entitled to compensation from the commonwealth for any animals which react to the tuberculin test unless they have been tested by the director or qualified veterinarians acting under his authorization and have been owned and kept by the owner applying for the test on the premises where tested for a period of not less than sixty days next prior to the date of said test or have been admitted to the herd on a test approved by the director. The director may prescribe rules and regulations for the inspection of cattle by the application of the tuberculin test and for the segregation, sale or slaughter of reacting animals; but no inspection by the application of such test shall be made unless an agreement has previously been entered into for such inspection and application with the owner of the animals, except as provided in section thirty-three B. If, in the opinion of the director, any of the animals react to the test and are slaughtered in consequence thereof, the owner shall be reimbursed by the commonwealth in the manner hereinafter provided. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damages shall be within the limits prescribed by this section. The commonwealth shall, within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or of an award under section thirty-one, pay to the owner of any animal slaughtered under authority of any rules or regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of the difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed two hundred dollars for any grade animal or two hundred and fifty dollars for any pure-bred animal; and provided, further, that no payment shall be made for any animal if, since the previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine tuberculosis. If the federal government undertakes to pay part of the cost of any animal destroyed, as provided in this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment hereinbefore provided.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Chapter 129 - Livestock Disease Control
Section 2 - Powers and Duties of Director; Orders
Section 3 - Records of Inspectors; Forms
Section 4 - Certification of Documents by Clerk
Section 5 - Entry of Orders, Rules and Regulations on Records; Publication
Section 6 - Aid to Director and Inspectors by Sheriffs, Constables and Police Officers
Section 8 - Hospitals and Quarantine Stations
Section 10 - Examination of Persons Under Oath; Mandatory Attendance and Testimony of Witnesses
Section 11 - Isolation or Destruction of Diseased Animals; Post Mortem Examination
Section 13a - Destruction of Animals Affected With Scrapie; Partial Compensation
Section 14b - Feeding Garbage to Swine
Section 14c - Hog Cholera; Slaughtering of Hogs; Payment to Owners
Section 14d - Hogs Affected With Brucellosis; Quarantine and Testing
Section 14e - Breeding, Feeder or Slaughter Swine Imported Into Commonwealth
Section 15 - Inspector of Animals; Appointment
Section 16 - Refusal or Neglect of Town to Appoint Inspector; Appointment by Director
Section 17 - Oath of Inspectors; Compensation; Reimbursement of Towns
Section 18 - Duties of Inspectors; Training; Enforcement
Section 19 - Inspections of Domestic Animals
Section 20 - Certificate of Healthy Condition
Section 21 - Quarantine of Diseased Animals; Notice or Order; Records
Section 22 - Service of Notice or Order of Quarantine; Return; Evidence
Section 22a - Dogs Owned by Police Departments or Agencies
Section 23 - Examination of Buildings; Report
Section 24 - Notice of Quarantine
Section 25 - Records of Inspectors of Animals; Returns
Section 26 - Application of Chapter to Inspectors in Boston
Section 26a - Shipping Cattle Into Commonwealth Without Inspection; Certificate of Health
Section 27 - Seizure, Quarantine and Destruction of Imported Diseased Animals
Section 28 - Notice of Contagious Disease to Director
Section 29 - Expense of Quarantine
Section 30 - Effect of Quarantine; Release; Violation of Quarantine; Penalty
Section 31 - Damages; Arbitration; Petition for Assessment of Damages
Section 32 - Use of Tuberculin as Diagnostic Agent; Tests
Section 33 - Compensation for Animals Reacting to Tuberculin Test; Appraisals
Section 33d - Tests for Detection of Brucellosis; Identification of Animals; Destruction
Section 34 - Compensation to Violators of Regulations
Section 35 - Driving Certain Cattle on Public Ways or Roads
Section 36 - Notice of Contagious Diseases
Section 36d - Importation of Vaccinated Animals; Conditions
Section 36e - Importation of Unvaccinated Female Cattle Over Five Months of Age
Section 36f - Brucellosis, Imported Cattle, Blood Testing
Section 36h - Waiver of Compliance With Secs. 36b, 36d to 36f
Section 39 - Licensing of Persons Dealing in Bovine and Porcine Animals; Fee
Section 39a - Pet Shops; Licensing Operation; Animal Health Inspections
Section 39b - Guard Dog Businesses; Licenses
Section 39c - Hearing Dog Business; Licenses
Section 39d - Hearing Dog Business; Access to Public Facilities
Section 39e - Livestock Auction Business; Licenses
Section 39f - Service Dogs; Trainer Rights
Section 40a - Hog Cholera Vaccine; Prohibited Use
Section 42 - Tagging Bovine Animal With Identification Tag
Section 43 - Penalties for Violation of Secs. 39 to 42
Section 44 - Testing of Imported Equine Animals for Infectious Anemia; Certification
Section 44a - Destruction or Quarantine of Infected Equine Animals
Section 45 - License to Deal in or Auction Equine Animals
Section 46 - License Plates for Vehicles Transporting Equine Animals