Mass laws on giving away chicks

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by bisbeej, Aug 4, 2008.

  1. bisbeej

    bisbeej Out Of The Brooder

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    Jun 4, 2008
    Hello,

    My school district has decided not to allow the hatching of chicks in the classroom anymore. The main reason cited is Mass Law, Chap 272, Sec 80D (see below). Do I understand correctly that we would have to keep the chicks in the classroom for two months before we would be able to give them to a farm?

    Thank you for any help you can give! -Jill


    http://www.mass.gov/legis/laws/mgl/272-80d.htm

    Chapter 272: Section 80D. Living rabbits, baby chickens, ducklings or other fowl; sale, barter or gift

    Section 80D. No person shall sell, offer for sale, barter or give away as premiums living baby chickens, ducklings or other fowl under two months of age.

    No person shall sell, offer for sale, barter, display or give away living rabbits, chickens, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

    Nothing in this section shall be construed to prohibit the sale or display of baby chickens, ducklings or other fowl under two months of age by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising; provided, however, that prior to May first in any year, such ducklings may be sold or purchased only in quantities of twenty-four or more.

    This section shall not prohibit, however, the sale or donation of such chickens, ducklings or fowl to schools for use in classroom instruction.

    Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.
     
  2. fullhouse

    fullhouse Chillin' With My Peeps

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    Apr 14, 2008
    MI
    I would guess the part about use in classroom instruction would give you an out. If you had an owner outside the class that only relocated their property in and out of the class, then there would be no transfer of ownership. Do you know who you are going to give them to?
     
  3. bisbeej

    bisbeej Out Of The Brooder

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    Jun 4, 2008
    Last time, our custodian took half and a teacher took the rest.

    Thank you!
     
  4. chickn

    chickn Away for a bit

    Apr 15, 2008
    New Hampshire
    i am in nh and i let the school use my eggs and equipment and took the chicks back after the school was finished, if this helps, and your school is close enough i would be willing again.

    is this something new in ma?
     
    Last edited: Aug 4, 2008
  5. arlee453

    arlee453 Chillin' With My Peeps

    Aug 13, 2007
    near Charlotte NC
    I would think if they were going to a FARM then that would be OK and you wouldn't have to wait 2 months.

    I believe that law is to prevent giving away or selling small quantities of chicks or ducks to people at Easter time or at fairs to prevent people who have no clue from taking them on an impulse.

    Other states have a '6' minimum law where you have to buy at least 6 chicks, etc.

    I wonder if Meyer or MPC send small orders to Mass. addresses?
     
  6. spook

    spook Chillin' With My Peeps

    Quote:That is super nice Chickn! Wow, what a gift. If not close enough to you Chickn, don't we have BYC members in Mass that could help them out. Hatching chicks is such an important lesson, being gentle, candling and birth filling that curious reproductive lesson. I wish you all luck and success on your class room projects.
    Kel
     
  7. witeowl

    witeowl Out Of The Brooder

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    Aug 1, 2008
    Quote:The bolded phrase is key, I think. The way I read it is that you can still give them away, you just can't give them away as "premiums". I take that to mean that you can't say something like, "Buy this cage and you'll get two one-month-old chicks for free." But you can still just give them away with no strings attached.

    So, if you're raising chicks and then just giving them to local farms, I don't think this law would be limiting. Assuming, of course, that you don't dye the chicks.

    Of course, IANAL. [​IMG]
     
  8. fjleiter

    fjleiter Out Of The Brooder

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    Jul 19, 2008
    Appears to be worded to prevent them being used as promotional items. You should be fine rehoming them to pretty much anyone you want.
     
  9. bisbeej

    bisbeej Out Of The Brooder

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    Jun 4, 2008
    Thank you all for your insights and suggestions! The "as premiums" part does seem to be key. I will be talking with our principal soon, so we'll see what happens. We hatched them last year and it was amazingly rewarding. [​IMG] Our district is going crazy with new regulations and such this year. They will also be requiring heavy leather gloves for touching any animal - lordy, what is this world coming to?!

    Also, thank you for your offer, chickn! That is extremely generous of you. I will be sure to keep you in mind!
     
  10. Rhett&SarahsMom

    Rhett&SarahsMom Chillin' With My Peeps

    May 8, 2008
    Quote:Yes Meyer, MPC and Ideal will ship to MA address. And will sell and ship less than *6* as well [​IMG]
     

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