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Brown Beauty's Bill a 2002 ballot initiative to ban the slaughter of Massachusetts horses for human consumption

Be it enacted by the People, and by their authority:

SECTION 1: Whereas, the people of Massachusetts have a longstanding appreciation for horses and their historical role in securing the liberty and prosperity of the people, symbolized by the tireless service of Brown Beauty, the horse that carried Paul Revere on his famed midnight ride;

Whereas, the people of Massachusetts have acknowledged the prominent place horses occupy in their heritage by officially recognizing the Morgan horse as the horse emblem of the commonwealth;

Whereas, the people of Massachusetts value horses and other equines as recreation, companion, and sporting animals and not as food for human consumption;

Whereas, many Massachusetts horses have been slaughtered for human food to provide a gourmet meat for foreign markets;

Whereas, horses can be stolen, or purchased without disclosure or under false pretenses, to be shipped for slaughter for human consumption, contributing to crime and consumer fraud;

Therefore, it is the purpose of this act:

(a) to prohibit the slaughter of Massachusetts horses and other Massachusetts equines for use as food for human consumption;
(b) to prohibit the receipt, possession, purchase, sale, giving away, or transportation of Massachusetts horses and other Massachusetts equines for slaughter for use as food for human consumption.
(c) To recognize horses as an important part of the heritage of Massachusetts, deserving of protection from those who would slaughter them for food for human consumption.

SECTION 2. Chapter 272 of the General Laws is hereby amended by inserting after SECTION 78A the following SECTION 78B. Prohibition of horse slaughter for human consumption. (a) Notwithstanding any other provision of law, no person shall slaughter a horse or other equine for food for human consumption, nor shall any person receive, possess, offer for sale, sell, offer to buy, buy, offer to give away, give away, or transport any horse or other equine where that person knows or should know that it will be slaughtered for food for human consumption. Violation of this SECTION shall be punished by a fine of not more than one thousand dollars per horse or other equine or by imprisonment for not more than one year per horse or other equine, or both.

(b) Except as provided in subSECTION (a), it is not the intent of this SECTION to affect any commonly accepted commercial, noncommercial, recreational, or sporting activity that relates to horses or other equines.
(c) It is not the intent of this SECTION to affect any existing law that relates to zoning or to the classification or taxation of horses or other equines, their feed or feed containers.

SECTION 78C. Private right of action. Any resident of the commonwealth may file a civil action to enforce the provisions of SECTIONs 78B, against any person against whom no proceedings under said SECTION have been instituted by the commonwealth. Any person that violates SECTION 78B shall be subject to a civil penalty in such action in the amount of the fine provided therein, payable to the commonwealth, and shall be liable to the resident of the commonwealth prevailing in such civil action for attorney's fees and costs.

SECTION 78D. For purposes of SECTIONs 78 and 78A, the terms "immediate slaughter" and "humane killing" shall not include slaughter for use as food for human consumption.

SECTION 3. Chapter 272 of the General Laws is hereby amended by striking out SECTION 79 and inserting in place thereof the following new SECTION: --

SECTION 79. A corporation violating SECTION 77, 78, 78A, or 78B shall be punished by a fine as therein provided. The corporation shall be responsible for the knowledge and acts of its agents and servants relative to animals transported, owned or used by it or in its custody, and shall be subject to a civil enforcement action under SECTION 78C in the same manner as any other person. An agent or servant violating SECTION 77, 78, 78A, or 78B shall also be subject to all applicable fines and penalties.

SECTION 4. SECTION 57 of chapter 22C of the General Laws is hereby amended by inserting at the end thereof the following:--

They shall also have throughout the commonwealth the powers of constables and police officers to arrest and detain any person violating SECTION 78B of chapter 272 of the General Laws, relating to slaughter of horses or other equines for food for human consumption.

SECTION 5. The provisions of this act are severable, and if any provision of this act is found to be unconstitutional, contrary to law, or otherwise invalid by a court of competent jurisdiction, then the other provisions of this act shall continue to be in effect.

SECTION 6. The provisions of this act shall take effect as of January first, 2003.