CHAPTER 296
HB 148 – FINAL VERSION
11Mar2009… 0341h
20May2009… 1924eba
2009 SESSION
08/05
HOUSE BILL 148
AN ACT relative to the sale and vaccination of animals.
COMMITTEE: Environment and Agriculture
This bill requires that applicants for a license to transfer household pets provide proof of conformity with municipal zoning regulations before issuance of a license.
This bill also declares that production of an official health certificate is prima facie evidence of transfer of a dog, cat, or ferret.
This bill is a request of the state veterinarian.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2009… 0341h
20May2009… 1924eba
09-0092
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the sale and vaccination of animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
296:1 Sale of Animals and Birds; Subdivision Heading Change. Amend the subdivision heading preceding RSA 437:1 to read as follows:
[Sale] Transfer of Animals and Birds
296:2 License Required; Transfer of Household Pets. Amend RSA 437:1 to read as follows:
437:1 License Required. No person, firm, corporation or other entity shall engage in [the business of selling or] the business of [placing or giving away,] transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, [selling, placing, giving away, or importing] transferring live animals or birds customarily used as household pets for [sale, resale, or] transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. These provisions shall not effect the provisions of RSA 437:7.
296:3 Definitions; Transfer of Household Pets. Amend RSA 437:2, I-a - V to read as follows:
I-a. “Commercial kennel” means any person, business, corporation, or other entity that [sells or] transfers 10 or more litters or 50 or more puppies in any 12-month period.
II. “Department” means the state department of agriculture, markets, and food.
III. “Pet shop” means any establishment licensed to keep, maintain, and [sell] transfer certain live animals, birds, and fish at retail to the public.
IV. “S.P.C.A.” means the Society for the Prevention of Cruelty to Animals.
V. “Broker” means any individual or entity acting as agent or intermediary in negotiating[, buying, selling,] or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire.
VI. “Transfer” means transfer of ownership of live animals, birds, or fish from any person, firm, corporation, or other entity to a member of the public.
296:4 Licenses; Sale of Animals. Amend RSA 437:3 to read as follows:
437:3 Licenses. Applications for licenses shall be made annually in writing to the department accompanied by a license fee of $200. After January 1, the license fee shall be $100. If after inspection the department finds that the premises, cages and facilities thereon meet the proper standards for health and sanitation and that their use will not result in inhumane treatment of said animals or birds, and proof is provided with the application that the zoning enforcement official of the municipality wherein such facility is to be maintained has certified that the facility conforms to the municipal zoning regulations, a license shall be issued. Licenses shall expire on June 30 following issue, and may be renewed on application to the department accompanied by a renewal fee of $200. Such licenses shall be in the form prescribed by the department, shall be publicly displayed at the premises covered by them and adjacent to animal display cages. Each such license shall be subject to revocation at any time by the department, if in the judgment of the department the conditions under which it was issued are not being maintained. Each licensee shall be inspected by an employee of the department or by a person appointed by the department no less frequently than every 6 months. Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. All license fees shall be deposited in the state treasury.
296:5 Prohibition; Transfer of Animals. Amend RSA 437:4 to read as follows:
437:4 Prohibition. No licensee under this subdivision shall [sell, offer for sale, place or give away] transfer to any member of the public other than to a qualified veterinarian or licensed animal shelter facility any maimed, sick or diseased animal or bird nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.
296:6 Rulemaking; Transfer of Animals. Amend RSA 437:5, II to read as follows:
II. The rules shall also include health precautions in the case of birds and animals which are offered for [sale] transfer, displayed, kept, or placed [or given away] in stores or shopping facilities where food or drink of any kind is sold, prepared or served.
296:7 Transfer of Dogs, Cats, and Ferrets. Amend RSA 437:10 to read as follows:
437:10 Dogs, Cats, and Ferrets.
I. No dog, cat, or ferret shall be offered for [sale or resale] transfer by a licensee without first being protected against infectious diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian in accordance with RSA 437:8 within 14 days of [sale] transfer. Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be for the licensee’s records, and one copy of which shall be given to the [purchaser] transferee upon [resale] transfer as provided in paragraph II. If an official health certificate is produced, it shall be prima facie evidence of transfer.
II. The original of the official health certificate accompanying the dog, cat, or ferret offered for [sale or resale] transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection upon request. The public will be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where the dogs, cats, or ferrets are displayed. Upon [sale] transfer of the dog, cat, or ferret, this health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog, cat, or ferret and shall be given to the [purchaser] transferee in addition to any other documents which are customarily delivered to the [purchaser] transferee.
III. Animal shelter facilities, as defined in RSA 437:2, I, are exempt from the requirements of this [subdivision] section relative to [accepting, selling, or] transferring dogs, cats, and ferrets except that:
(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies including but not limited to national tattoo or microchip registries.
(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.
(c) All animal shelters shall comply with the provisions of RSA 437:13-a, IV and RSA 466:6-a, IV.
IV. No person, firm or corporation shall ship or bring into the state of New Hampshire, to offer for [sale or resale] transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No licensee shall offer for [sale or resale] transfer any cat, dog, or ferret less than 8 weeks of age.
V. All dogs, cats, and ferrets received for [resale] transfer shall be held 48 hours separated from other animals on the premises before being offered for [sale] transfer.
296:8 Importation and Transfer Violation. Amend RSA 437:11 to read as follows:
437:11 Importation and [Sale] Transfer Violation. In addition to the penalty specified in RSA 437:9, any person, firm or corporation may have the license for a pet shop suspended or revoked by the commissioner of agriculture, markets, and food for violation of this subdivision.
296:9 Veterinarian Examination after Transfer. Amend RSA 437:13 to read as follows:
437:13 Examination by Licensed Veterinarian. Within 14 days of [sale] transfer, the [purchaser] transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the [purchaser] transferee and, unless said examination indicates the dog, cat, or ferret to be free of disease, the [purchaser] transferee shall be entitled to substitution or, at the [purchaser’s] transferee’s option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian’s certificate.
296:10 Health Certificates for Cats. Amend RSA 437:13-a, I-IV to read as follows:
I. No cat shall be transferred by any person in the state or out of the state for a fee without first being inoculated against infectious diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said health certificate shall be in triplicate, of which one copy shall be sent to the state veterinarian in accordance with RSA 437:8, one copy shall be kept by the person transferring ownership of said cat for a period of at least 3 years, and one copy shall be given to the new owner.
II. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the person transferring ownership of the cat, the age, sex, breed and description of the cat, a list of all types of vaccines or medication administered to the cat, and the certification of the veterinarian that the cat is free from visual evidence of any communicable diseases.
III. No person shall [deliver] transfer or cause to be [delivered] transferred any cat less than 8 weeks of age.
IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to [selling or] transferring cats except that all cats transferred out of an animal shelter facility shall have a form of positive identification, including but not limited to a tattoo, collar, microchip, ear tag, or any other permanent form of identification approved by the commissioner of agriculture, markets, and food and shall be vaccinated against rabies in accordance with RSA 436, and shall be accompanied by an official health certificate if the cat was imported into the state for transfer with or without a fee.
296:11 Breeder’s Health Certificates. Amend RSA 466:6-a, I to read as follows:
I. No dog shall be [sold] transferred in the state or out of the state by a breeder without first being inoculated against infectious canine diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be kept by the breeder of said dog for a period of at least 3 years and one copy of which shall be given to the purchaser. If an official health certificate is produced, it shall be prima facie evidence of transfer.
296:12 Rabies Vaccination Required; Exemption. Amend RSA 436:100 to read as follows:
436:100 Rabies Vaccination Required; Exemption.
I. Except as provided in paragraph II, every dog, cat, and ferret 3 months of age and older shall be vaccinated against rabies. Young dogs, cats, and ferrets shall be vaccinated within 30 days after they have reached 3 months of age. Unvaccinated dogs, cats, and ferrets acquired or moved into the state shall be vaccinated within 30 days after purchase or arrival, unless under 3 months of age, as specified above. Every dog, cat, and ferret shall be revaccinated [at such intervals and with such vaccines as the commissioner shall specify from time to time] between 9 and 12 months after the initial vaccination and subsequently receive booster vaccines as outlined in the most current National Association of State Public Health Veterinarians’ Compendium of Animal Rabies Prevention and Control. In rabies infected areas, dogs, cats, and ferrets recently vaccinated shall be kept under control for at least 30 days before being allowed to run free.
II. A rabies immunization exemption may be issued, where illness or a veterinary medical condition warrants, by the local rabies control authority upon the written recommendation of a veterinarian licensed under RSA 332-B. The recommendation shall also be signed by an American College of Veterinary Internal Medicine diplomate and the state veterinarian. The exempted animal shall be maintained in strict rabies isolation, under conditions that are at the discretion of the local rabies control authority, until such time as the medical condition has been resolved and the animal can be immunized against rabies. Exempted animals shall not be allowed outdoors without being on a leash and shall be under the direct physical control of an adult owner at all times. In addition, when the animal is outdoors, it shall be muzzled in a manner approved by the local rabies control authority. The exemption shall be valid for no more than one year from the date of the last signature on the written recommendation for exemption.
296:13 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 31, 2009
Effective Date: September 29, 2009