Section 16.04 - Dealing in and the Transportation of Equine Animals(1)License Required.(a) No Person shall engage in the Regular business of selling, dealing, auctioning or transporting equine animals in the Commonwealth of Massachusetts unless licensed by the Department.(b) Any Person desiring to apply for a livestock dealer-transporter license shall submit, on a form provided by the Department, an application and the appropriate fee.(c) Upon receipt of a completed application for a license, the Department shall inspect the applicant's facilities and vehicles. If the Department finds the facilities and vehicles in compliance with 330 CMR 16.04(2)(a) through (i) and (3)(a) and (b), the Department may issue a livestock dealer-transporter license.(d) All livestock dealer-transporter licensees will be issued a metal license plate by the Department. The license plate will be valid for the term of the Livestock Dealer-Transporter license. If the license is revoked at any time, the license plate must be returned to the Department.(e) No livestock dealer-transporter licensee shall transport an equine animal in any vehicle unless the driver's side of the vehicle bears a metal livestock dealer-transporter license plate issued by the Department.(f) Livestock dealer-transporter licenses for equines shall expire on October 31st following the date of issuance.(g) All licensees shall post their license at a permanent location in the Commonwealth of Massachusetts in a place prominently visible to the public.(h) The Department may deny a license to any applicant whose facilities or vehicles fail to comply with 330 CMR 16.04(2)(a) through (i) and (3)(a) and (b). Any applicant whose license has been denied may submit a written request for a hearing within 14 business days following notification of the Department's decision to deny the license.(i) The Department may revoke or suspend a license after a M.G.L. c. 30A hearing and upon finding that the licensee has: 1. Violated M.G.L. c. 129, §§ 9, 44, 44A, 45, 46, or 47 or c. 128, §§ 2A or 2B or c. 272, §§77 through 79B;2. Violated any provision of 330 CMR 16.00;3. Allowed an issued license to be used by an unlicensed Person;4. Violated a quarantine order issued by the Department; or5. Made a material misstatement on the application for a license.(2)General Care of Animals and Premises. All licensees shall: (a) Maintain all areas where equines are kept in a safe and sanitary condition;(b) Have equipment available for any necessary storage or disposal of waste material to control vermin, insects or obnoxious odors;(c) Provide adequate shelter for the comfort of all equines on the premises;(d) Take all reasonable precautions to prevent the spread of infectious or contagious diseases;(e) Clean stalls daily or more frequently to ensure their sanitary condition;(f) Ensure that box stalls are of adequate size such that the equine contained therein shall have room to stand and lie down comfortably;(g) Equines are housed without overcrowding and in groups of compatible temperament and gender;(h) Provide sufficient fresh food of a type and amount consistent with the dietary requirements and age of the horse at least twice daily; and(i) Ensure that fresh, clean water is available to all equines.(3)Transporting Equines.(a) No licensee shall maintain any equine in a vehicle within the Commonwealth of Massachusetts for a period of time exceeding ten hours without the equine being off-loaded and placed in a stable or shaded pasture.(b) Licensees shall ensure that: 1. All vehicles are constructed with no sharp objects or protuberances on the interior or the sides;2. All floor ramps are made of a non-skid material or coating;3. All vehicles, stalls and loading ramps are cleaned daily;4. All vehicles have adequate ventilation;5. All doorway openings have a height of at least 12 inches above the withers of the tallest equine being transported;6. All vehicles transporting more than six equines have at least two doorways on adjacent or opposite sides of the vehicle; and7. All horses being transported are separated in a manner to prevent injury or close contact between incompatible animals.(4)Record Keeping and Inspections. (a) All licensees shall maintain records and interstate bills of lading for a period of 90 days from the date of sale or transport. All records shall be maintained at the location where the license is posted. All records shall include the following information: 1. Date of purchase or transport;2. Name and address of Person from whom the equine was purchased or for whom it was transported;3. Name and address of Person to whom the equine was sold or delivered; and4. Complete description of the equine sufficient for identification purposes.(b) All premises, vehicles and records shall be open during reasonable business hours to the Department, Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League.Amended by Mass Register Issue 1323, eff. 10/7/2016.